



HV 6534 


V3 A6 


1890 


Copy 1 









sum 



LIBRARY OF CONGRESS, 



®^ap. M^irigJft fo 

Shelf \J.3Ak 
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UNITED STATES OF AMERICA. 



x^i 






THE 



Wild Train 



AND 



DYING ENGINEER 



W HSIiROSD HORROR. 



TRUE AND COMPLETE STORY 

OIF 1 TIKIIE 

Dark Mystery, the Confession, the Trial, 
the Verdict, the Sentence. 



Graphically l*i>rt rayed JPattietie 9 Inter- 
esting and Astounding, 



Van Wf.ht. O. 

C. E. DETTER. PUBLISHER, 

1894 



I I I III II I I I I I I I I I I I I I I I I II I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 

Entered according to act of Congress, in the year iSgj, by 

C. E. BETTER, 
in t/ie office of the Librarian of Congress, at Washington. 

i I i i I II 11111:1111 n i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i I I 



WILD TRAIN 



AND 



H 



hhR 



M RaiLROffD HQRROR, 



TRUE AND COMPLETE STORY 



oif 1 the- 



Dark Mystery, the CoNFESSiQjVtr*t4BjAL, 
the Verdict, the Sentence. 



Graphically Portrayed — F*atheti<j 9 inter- 
esting and Astounding. _ 

By C. E. DETTER. 

Author of "Fifteen Years an Editor;''' "Mabel's Visit in 
the City;" "What I Saw in a Dream;" "Reclaimed;" 
'•Eva Woodard's Surprise;" "Marvelous Ad- 
venture in the Jungles of the Sierras;" etc. 






PREFACE. 

It is the object of the author of this little book to 
give a true and complete story of the appalling crime 
committed on the Mackinaw railroad near Van Wert, 
Ohio, on the night of July 18th, 1890. The copy was 
prepared with the greatest care, particular caution be- 
ing exercised against prejudice. It is not founded up- 
on fiction but is a true story of an actual occurrence, 
and, although the dead engineer was a friend of the 
author, yet everything contained within its folds is told 
without prejudice and without exaggeration. The 
truth was closely guarded throughout the work and it 
is hoped that it will be received in the same friend- 
ly spirit that prompted its utterances. The writer was 
quite familiar with the circumstances surrounding the 
case and has presented the facts as they really existed. 

Respectfully, 
C. E. DETTER. 



WILD train 



AND- 



©yih© mmmimmmm, 



>~> 40 



There was truth upon his brow, 

There was honor in his name; 
No railroad man refused to bow 

To this brave engineer of fame. 

^JpAT VAN DEVANDER was a railroad engineer, 
J[s and as good a one as ever opened a throttle. 
His unswerving bravery and dauntless courage made 
him a peer among men of valor. He feared neither 
man, beast nor ghost. He could stare death squarely in 
the face without moving a muscle or changing his facial 
expression. His idea of running a passenger train was, 
as he passed along the line, to have his train reported 



I 4 THE WILD TRAIN AND DYING ENGINEER. 

"on time." He made it a point to be "on time" at even- 
telegraph station. When his train was dela\ ed along the 
route and he had an opportunity to recover the lost min- 
utes you could depend upon it that not many stations 
would be passed ere he would again be reported "on 
time." It "is not to be presumed by this that he was a 
wreckless and dangerous engineer. Quite the contrary. 
In his many long years of railroad engineering he never 
met with an accident worthy of note here. He always 
knew just how fast his train could be run with safety. 
He always knew just when and where to open the throt- 
tle and "let her go," and when and where to decrease his 
speed. Nearly everybody along his run knew him by 
reputation, and thousands of people who frequently trav- 
eled over his route knew him personally. Many a time 
has the writer been a passenger on his train when he 
would have been startled at the rapid speed of the train 
but for the knowledge of the fact that Van Devander was 
in charge of the engine. The same thing was true with 
thousands of regular patrons of the road. When his train 
was making up lost time it was a common thing to see 
passengers become frightened and jump to their feet, but 
when informed that Van Devander was at the throttle a 
feeling of confidence and security would creep over them 
and they would resume their Eormer easy positions in 
their seats. He was a thorough master of an engim 
practical engineer of long experience. Ho h id spent tin- 
greater part of his life at the throttle and the people felt 
safe on his train. Their confidence in his' ability to run 



A MYSTERIOUS RAILROAD HORROR. I 5 

a locomotive with safety could not be shaken. 

But, alas ! how true the proverb; "In the midst of life 
we are in death." So it was with this great railroad en- 
gineer; and a tragic death it was! It was one surrounded 
by -the. most horrid, shocking, frightful and sensational 
circumstances ever recorded in the annals of crime. Wo- 
men wept and strong men paled at the sight and turned 
away with unsteady nerves. Never in the history of Van 
Wert were the people so unnerved, amazed and thor- 
oughly shocked. 

It was a bright summer morning, the 18th of July, 1890, 
that Van Devander started out on his last run. The god- 
dess of day was fast sipping the sweet nectar from na- 
ture's dewy lips. The morning sun was brightning and 
sending its dazzling rays dowm from the surrounding 
hilltops. The lark, the robin, the mocking bird and ori- 
ole were pouring forth their sweetest morning notes. The 
choicest songsters of the air were in the zenith of happi- 
ness. The humming of bees and lowing of cattle were 
heard round about. The fields, rolling away in sightless 
waste, laughed at their luxuriant growth. The white 
water lily was gracefully nodding and bowing its silvery 
head to the soft zephyrs wafted from southern tropics, 
where the orange, the lemon, the fig and the nutmeg 
grow. Hearty laughter from men and women and merry 
shouts from happy children were heard in every direc- 
tion. "Sweet Beuiah Land" never sounded sweeter. All 
nature seemed to smil .- upon her own loveliness and 
truly w 7 onderful accomplishments. The low rumbling of 



1 6 THE WILD TRAIN AND DYING ENGINEER. 

heavy trains reverberated from hill to hill, while the loco- 
motive whistle was echoed in the far-away wood. 

Mat Van Devander paused and looked about him and 
wondered why the morning was brighter than any he had 
ever seen before. The birds sang sweeter, women were 
fairer, children pretterier, the sky was clearer, the air 
softer and his work lighter than it had ever been. All 
this brightened condition of life was a premonition of his 
approaching death. He was happy and contented with 
his lot. A loving wife and doting children were depend- 
ant upon him. for support and his daily labor was a real 
pleasure to him. There were no thoughts in his mind 
of danger just ahead. On this particular occasion no red 
flag was displayed to warn him of impending danger. 
Little thought he of a sudden and tragic death, and still 
less thought he of ever meeting death at the hands of a 
fellow- workman. 

He was in charge of an engine on the Cincinnati, Jack- 
son & Mackinaw railroad, most commonly called the 
"Mackinaw." His run was from Van Wert to Franklin 
and return. His engine was No. 25, and whenever the 
time came for engine 25 to take out a train loaded with 
human freight Van Devander was ready to go. His fire- 
man was Samuel Rhodehouse, whose home was at Green- 
ville, 57 miles south of Van Wert. Rhodehouse was a 
man of good appearance and about 28 years old. He 
had many friends and his people were among the best 
and most popular in Greenville. But he was not popu- 
lar with Van Devander. There was something about 



A MYSTERIOUS RAILROAD HORROR. 1 7 

him that Van Devander did not like. They had made 
man}- trips over the road together and got along fairly 
well for six or eight months. 

Finally it required only a small matter to engender a 
heated argument or petty quarrel between them. These 
difficulties would soon pass away without serious trouble. 
As time progressed they became more frequent however 
and then Van Devander went to the master mechanic of 
the road and informed that officer that he could not well 
get along with Rhodehouse and requested that Sam 
Class be given Rhodehouse's place and the latter given 
employment elsewhere. Class was Van Devander's old 
fireman. He had fired for Van Devander two years and 
they were fast friends. They always got along agreeably 
and either was ever ready and willing to listen to the ad- 
vice of the other. Class was then only 22 years old but 
stood well with everybody and the railroad officials held 
him in high esteem. They appreciated his services. 
He was a careful, trustworthy and valuable employe and 
they realized his worth. As a reward for his good ser- 
vices they were preparing to promote him from the po- 
sition of fireman to that of engineer. They so informed 
Van Devander and he, of course, was glad to know that 
Class was about to be promoted, and was anxious that 
the promotion take place at the earliest date possible. 

Such being the case Van Devander pressed his case no 
farther. He went back to his engine feeling somewhat 
chagrined and realizing the excruciating fact that Rhode- 
house would be his fireman for an indefinite period. He 



l8 THE WILT' TRAIN AND DYING ENGINEER. 

thought that as time wore away they would become bet- 
ter acquainted, understand each other better and finally 
no disputes nor difficulties would rise up to further im- 
bitter the ill feeling already existing between them, lb- 
believed, after considering the matter, that the bad opin- 
ion that each entertained of the other could be overcome 
eventually and sooner or later bloom into friendship. 
Unfortunately for him his hopes were never realized. 
Their friendship weakened instead of growing stronger. 

One Sunday, the latter part of June, the Mackinaw 
company ran an excursion train from Van Wert to Mani- 
tou Beach, or Devil's Lake, as it was more commonly 
known, a popular pleasure resort in Michigan. Van 
Devander's engine was assigned to the work, and early 
in the morning of that day he had his engine coupled to 
the train and left "on time" with several hundred happy, 
chatting excursionists. Everything passed off smoothly 
on the way and they arrived at the Michigan resort in 
good condition. 

While Van Devander was off duty at Manitou he tip- 
pled quite frequently and became more or less intoxi- 
cated. But when the time came for the excursion to 
start out on its return trip the effects of the intoxicants 
had worked off and he was on his engine read} to go, 
and in due time the train arrived safely back in Van 
Wert. Van Devander's conduct at the Lake was not at 
all in keeping with the strict sobriety required oi him by 
the railroad company employing him. Somebody re 
ported him to headquarters and a day or two 1 iter lie 



A MYSTERIOUS RAILROAD HORROR. 1 9 

was reprimanded by some of the officials of the road. 
This had a tendency to put him in bad humor and in a 
few days he accused his fireman, Rhodehouse, of report- 
ing him to the company. Rhodehouse stoutly denied 
the charge but this did not satisfy Van Devander. The 
fireman may have been innocent but Van Devander could 
not convince himself that such was the case and several 
times brought the matter up, and as often as brought up 
would result in a vigorous quarrel, Rhodehouse always 
emphatically declaring innocence. 

This aggravated Van Devander to an unlimited degree 
and he seemed determined to know the truth to his sat- 
isfaction. He made ugly threats and did everything 
possible to induce or compel Rhodehouse to acknowledge 
the truth as it appeared to him, but without result. 

On the afternoon of July 18th they quarreled at Frank- 
lin before starting out on their return trip to Van Wert. 
It appears that personal injury had previously been 
threatened by each against the other, and at this point 
Van Devander threatened to knock Rhodehouse down 
and kick him into the fire-box. This extreme bitter feel- 
ing between them had existed since a few days after the 
excursion to Manitou Beach, a period of over two weeks. 
Many of the employes of the road were well aware of the 
grave situation, and, knowing the circumstances, it ap- 
pears strange that the railroad company made no effort 
to separate the men by transferring one of them to a dif- 
ferent engine. This no doubt would have prevented the 
awful tragedy that eventually followed. Rhodehouse 



20 THE WILD TRAIN AND DYING ENGINEER. 

was certainly possessed of considerable nerve or he never 
would have started out with Van Devander on that last 
trip from Franklin to Van Wert. But he went, notwith- 
standing the lamentable fact that the engineer had 
threatend to knock him down and kick him into the fire- 
box before they reached the end of their run. Rhode- 
house realized the perilous position in which he was 
placed but he had an object in view that induced him to 
stand firmly by his post of duty, though his life was in 
jeopardy. 

He had been in the employ of the company six years 
and was working for promotion. He expected by good 
and faithful service to be promoted to the position of 
engineer. Had this not been the case he probably would 
have quit the engine at Franklin and sternly refused to 
fire for Van Devander any longer. This, of course, is 
only conjecture and the opinion may be faulty, neverthe- 
less subsequent results show that that was the proper 
course for him to have pursued. The act would likely 
have lost him his position, and most certainly his pros- 
pects of being promoted from the position of fireman to 
that of engineer. Under these circumstances and con- 
ditions he was determined to brave it out at all hazard. 
He did so and presently we shall see the sad result. 

The train was a passenger accommodation No. 4. It 
left Franklin at 5:20 and was due in Van Wert at 10:10 
the same evening, the distance being 106 miles. They 
started out on time, as usual, and at different stations 
along the road the engineer and fireman were heard 



A MYSTERIOUS RAILROAD HORROR. 21 

quarreling. The train was reported "on time" at the dif- 
ferent telegraph stations and everything was apparently 
passing off all right. Ohio City, eight miles south of Van 
Wert, was reached and the train pulled out for the end 
of its run. Three miles south of Van Wert there is a 
sharp curve in the track and just north of this curve is a 
crossing where the train was sometimes stopped on sig- 
nal to take on passengers. Engineer Van Devander 
slowed up for the curve, sounded the whistle for the 
crossing, and, this being passed, again turned on the 
steam. It must have been immediately afterward that an 
awful tragedy was enacted in the cab of the engine. 

The train came thundering into Van Wert, giving no 
alarm of its approach. The whistle was not sounded 
and the bell was as silent as the tomb, though several 
claim to have heard the danger signal sound as the train 
came into town. But the whistle was not sounded and 
the signal so distinctly heard was evidently a token 
warning the people of the ghastly scene in the engine 
cab. No one could be seen in the cab; the train was 
running wild, and on it sped over street crossings on 
which numerous citizens were wearily wending their way 
home. The station agents, express men, hack men and 
others, waiting at the depot to meet friends, were sur- 
prised to see the train rapidly approaching the station 
five minutes ahead of time. Their surprise was turned 
into utter astonishment and intense anxiety when the 
train thundered past the depot at the rate of twelve miles 
an hour. It quickly dashed across the Pittsburg, Ft. 



22 THE WILD TRAIN AND DYING ENGINEER. 

Wayne & Chicago tracks, through the target and on it 
went with crew and passengers. There was a panic on 
board and the conductor and brakeman rushed forward 
to ascertain the trouble. Meanwhile the wild train had 
reached the round-house and run into the yards. There 
was a loud crash and then a sudden halt. The yard en- 
gine was out on the main track shifting cars and the 
wild train crashed into it, and soon the difficulty was 
made known to the excited crowd. 

Switchman Harry Overholt, full)- realizing that some- 
thing serious was wrong, quickly climbed into the cab of 
the grim and panting monster. His blood ran cold at 
the terrible sight that met his eyes. Engineer Van Dev- 
ander lay on his seat pale and ghastly, with blood and 
brains oozing from a number of gaping wounds in his 
head. He was unconscious and gasping for breath. 
There was a death-stare in his eyes, and the very sight 
was sickning in the extreme and repulsed the stoutest 
heart. On the foot-board near him lay fireman Rhode- 
house limp and apparently senseless. 

A shocking crime had been committed, but who did it. 
and why, how, when and where was it done? These 
were the questions that immediately suggested them- 
selves. The startling news spread over the city like 
magic and soon an excited multitude was on the scene. 
The two men were carried out of the cab and tor a short 
time their forms lay writhing on the ground. Van I Uv - 
ander was then carried to his home on Fulton street and 
Rhodehouse was taken to his hotel on Jackson street. 



A MYSTERIOUS RAILROAD HORROR. 23 

where he boarded. Medical aid was summoned, but in 
one case it was not needed; in the other, nothing could 
be done except to administer to his temporary relief. 

At this time the crime with all its blood-curdling reali- 
ties was shrouded in the deepest mystery. Immediate 
inquiry concerning the cause of the fiendish work failed 
to elicit a satisfactory solution. The engineer was dying 
and the fireman was seemingly unconscious and no in- 
formation could be had from him. The conductor and 
brakeman said the engineer whistled for the flag station 
three miles south of Van Wert; that at the curve he 
shut off the steam and properly applied the air brakes, 
and after rounding the curve the train again increased its 
speed. They knew of there being nothing wrong until 
the train passed the depot and collided with the switch 
engine at the yards. 

About five o'clock the following morning the fireman 
regained consciousness and he then gave what seemed 
to be an intelligent report of the tragedy. His story was 
substantiated by incidents that made it appear genuine, 
and was so accepted by the public at the time. 

He said that about two miles south of town he stooped 
over to start the injector. While in that position he 
heard the engineer cry out: "Oh, Sam!" and on looking 
around saw a large, strange man with a black mustache. 
Before he could collect his thoughts the stranger on the 
engine struck him a hard blow on the head with a three - 
pound copper hammer that had been taken out of the 
tool box on the engine, felling him to the floor. He made 



24 THE WILD TRAIX AND DYING ENGINEER. 

an effort to rise but was dealt a second blow, which 
knocked him senseless. The story on its face looked 
plausible. The supposition was that a man, or perhaps 
several men, had quietly boarded the train at Ohio City 
and while the train was running at full speed climbed 
over the tender into the cab and committed the fiendish 
work. The theory that gave superficial credence to the 
story at the time may be briefly outlined as follows: 

During the Presidential campaign of 1884 one of Van 
Devander's sons was murdered by Blair Mock at Hunt- 
ington, Ind. Later, Mock was convicted of the crime 
and sentenced to the Northern Indiana prison at Michi- 
gan City for a term of seventeen years. Van Devander 
himself was present and saw his son murdered in cold 
blood but the deed was committed so suddenly and un- 
expectedly that no assistance could be rendered by the 
father. He was the principal witness against the mur- 
derer. In the court room after the trial the prisoner 
swore vengeance against Van Devander and his entire 
family. Mock's father was a minister and through the 
father's intercession the son was released from penitenti- 
ary on parole about a month previous to the mysterious 
murder on the Mackinaw. 

It was claimed that Mock had been seen at Ohio City 
the day of the murder, and at three o'clock the following 
morning the Mackinaw yard master at Van Wert Bashed 
his lantern into a loitering stranger's face and recognized 
the man whom he supposed to be Blair Mock, the pa- 
roled murderer. 



A MYSTERIOUS RAILROAD HORROR. 25 

This certainly was a very plausible theory. It was sur- 
rounded by all the facts and incidents necessary to make 
it appear truthful and genuine throughout. But wiser 
men shook their heads, though they were slow to speak 
and advance other ideas. There were others who con- 
tended that it was an attempt at train robbery. They 
reasoned that Van Devander was a man of unprecedented 
courage and would under no circumstances surrender his 
train to a band of robbers. They thought it quite proba- 
ble that he disregarded the command from the robbers 
to shut off the steam and throw up his hands, and that 
he was determined to run his train through at all risks. 
He disobeyed orders from the robbers and met death in 
combat. He preferred to sacrifice life rather than sur- 
render his train to a gang seeking plunder. This fairly 
illustrates the courageous man that he was, but the rob- 
ber theory was soon exploded. Still there were a few 
who firmly believed in it and refused to believe anything 
contradictory to it. 

Between one and two o'clock in the afternoon follow- 
ing the night of the tragedy Van Devander died, leaving 
a wife and six children. His age was 52. He had been 
unconscious from the time the assault was made, and, 
therefore, carried the real secret to the grave. For sev- 
eral hours prior to his death it required the united 
strength of two men to hold him in bed. This notwith- 
standing the fact that one of the powerful blows dealt 
him on the head had paralyzed his entire left side. In 
life he was a giant, physically, and death found a stub- 



26 THE WILD TRAIN AND DYING ENGINEER. 

born victim. He had been a railroad engineer for thirty 
years and was a complete master of a locomotive and all 
its workings. He had run a locomotive on the Pennsyl- 
vania lines, on the Wabash road, on the Chicago & Erie 
and on the Mackinaw. He had handled an engine on 
the latter road four years and was always a faithful and 
trusty servant. 

Van Devander's death added further flame to the mys- 
terious crime. It was like pouring oil upon a burSing 
building and the people were wrought up to the highest 
degree of excitement. Sensational developments were 
expected any time. Had the assassin then been appre- 
hended it is possible that a rope and tree would have 
been judge and jury. 

By this time fireman Rhodehouse was able to be up 
and walk around. He showed some signs of injury but 
his injuries were not painful. Every effort possible was 
being made to unravel the mystery and ferret out the 
murderer. During the day of Van Devander's death 
sheriff Shumaker went to Monroeville, I ml., and arrested 
a man by the name of Pyle. He was arrested on sus- 
picion and given a preliminary hearing the same day, but 
he satisfactorly proved his innocence and was released. 
Never in the history of the beautiful and flourishing little 
city of Van Wert was excitement so intense. Business 
was practically abandoned and the pircumstances sur- 
rounding the profound secret were being discussed on 
every prominent street corner and in every home in town. 
It was about the only theme of conversation in store and 



A MYSTERIOUS RAILROAD HORROR. 27 

shop. Threats of mob violence were frequently heard 
but the calmer and more thoughtful people tried to dis- 
courage such a course in order to prevent an illegal hang- 
ing should the criminal be apprehended. . They feared 
the crowds might be worked up to such a pitch of frenzy 
that some innocent man, accidentally charged with the 
commission of the deed, would be immediately hanged 
without giving him an opportunity to prove his where- 
abouts on the night of the murder and establish his in- 
nocence. 

It is now twenty hours since the crime was committed. 
Excited men are running hither and thither in their eager 
search to obtain the latest scrap of news. They are ap- 
parently thirsting for the blood of the villain who did the 
inhuman work. The yard master claims that the suspi- 
cious stranger whom he saw in the yards at three o'clock 
in the morning following the murder was not Blair Mock, 
as at first reported, but a man closely corresponding to 
the description of Mock. This disposes of an important 
connecting ling. All trace of the murderer was now lost, 
and hope of capturing him almost gone. The myster}^ 
was darker than ever and the officers began casting about 
for another clew. 

Later developments cast grave suspicion upon fireman 
Rhodehouse, and shortly after the release of Pyle the 
fireman was put under guard at his boarding house, al- 
though he was not aware of the fact that he was being 
closely watched by the officers. This was about five 
hours after the death of Van Devander. On Sunday aft- 



28 THF. WILD TRAIN AND DYING ENGINEER. 

ernoon, fort) hours after the murder, suspicion grew so 
strong against Rhodehouse that the sheriff placed him 
under arrest. The news of his arrest was received with 
the utmost surprise. It shocked the public and many 
people stood aghast, so unexpected was the news. The 
opinion that the fireman was the guilt)- man rapidly 
gained favor with the general public but his friends re- 
fused to believe it. Many facts and incidents were then 
brought up in support of his guilt. It was a well known 
truth that the engineer and fireman had been quarreling 
on the day of the murder. Quite a number of people re- 
membered of having heard the fireman threaten to kill 
the engineer, and this evidence was quickly brought out. 
When he made the threat it was not likely that he antic- 
ipated committing so foul a deed. But now the threat 
was accepted as having been made with a determination 
of being put into execution. It was reasoned by some 
people that if the fireman was the real murderer several 
explanations could be given in support of subsequent in- 
cidents. 

Van Devander was perhaps the most wiry and muscu- 
lar man on the Mackinaw railroad, though he was not a 
very large man. His weight perhaps would not exceed 
175 pounds. He possessed marvelous courage, agility 
and vitality. He would die rather than give in to dr 
feat. Few, if any, of the employes on the Mackinaw 
road or in the shops could handle him in a fair trial of 
strength. When angry and excited he was a giant in 
physical power. It was said of him that while working 



A MYSTERIOUS RAILROAD HORROR. 29 

in the shops at Huntington, Ind., he had some difficulty 
with his foreman. The foreman realized that it required 
a powerful man to handle Van Devander and in order to 
get revenge he imported a professional pugilist unknown 
to Van Devander and the other shop employes. The 
pugilist was given a temporary job in the shops, and he 
tinkered around the machinery to put in his time. His 
job or mission really was to accidentally come in contact 
with Van Devander, involve him in a quarrel and then 
give him a thorough threshing. The much-desired op- 
portunity for the quarrel and fight soon presented itself, 
for Van Devander was not slow to realize when a man 
was looking for trouble When the professional pugilist 
woke up sometime after the fight he found himself to be 
the worst whipped man that the town of Huntington had 
ever seen, and Van Devander was working away just as 
though nothing unusual had taken place. This story is 
another good illustration of Van Devander as a man of 
nerve and superior strength. 

Fireman Rhodehouse was fully aware of the fury and 
power of his chief and prepared himself for the awful 
struggle that finally came. Then, to cast off suspicion, 
he placed the unconscious and dying engineer back on 
his seat and let the engine run, hoping to wreck the train 
in the yards or allow it to go until the steam was ex- 
hausted. The excitement and blood}' scene caused him 
to faint, or he feigned insensibility. 

These in brief were the suspicions on which Rhode- 
house w r as arrested. His friends were inclined to the 



o THE WILD TRAIN AND DYING ENGINEER. 

opinion that he could and, at the proper time would, ful- 
ly and satisfactorly clear himself of all suspicion. Still 
they readily admitted that circumstantial evidence was 
directly against him. In his behalf a report was circu- 
lated to the effect that the Mackinaw telegraph operator 
at Ohio City had been approached by a stranger a few 
minutes before the train was due at that place the night 
of the murder who inquired whether Van Devander was 
on the engine of the train coming north. On being ans- 
wered in the affirmative the stranger walked north on the 
track toward the water tank where the engine usually 
stopped for water. The strange man tallied closely to 
Blair Mock's description. This, of course, detracted sus- 
picion from Rhodehouse and strengthened the old belief 
that Mock was the murderer. 

The dead engineer was buried in Woodland cemetery 
Monday afternoon. The funeral services were attended 
by a multitude of sympathetic friends, neighbors and fel- 
low railroad men. The Brotherhood of Locomotive En- 
gineers and the Masonic, fraternity attended in a body. 
This was an exceptionally sad and gloomy day for the 
people of Van Wert. Busy men and women turned out 
in great numbers to pay their last solemn rites to the 
brave engineer. 

Engine 25, on which the tragedy occurred, was soon 
repaired and then became an object oi great curiosity. 
The front and side and rear windows of the- cab were be 
spattered with blood and brains, showing the extreme 
severity of the blows that were dealt the helpless victim. 



THE CONFESSION. 3 I 

Shortly after the engine was run out of the shops it took 
the mail train south, but its old master had answered the 
last signal and now she was in charge of new hands. 
Avery Scott was her new master and she was elaborately 
draped with mingled black and white crape. Her bell 
was tolled as she slowly moved by the home of her dead 
master on Fulton street. The funeral is over and the 
only topic of conversation is the sad death of Van Dev- 
ander. Deep sympathy is expressed for his estimable 
wife and family. The hero of the Mackinaw has passed 
away and he'll be reported "on time" no more. Dark 
and pitiful the thoughts of his sudden departure. Peace 
to his ashes and good will to all. 

All thoughts are now turned toward the perpetrator of 
the dark and daring deed. Is he to go unpunished or 
shall justice be done? But who was it? Where is he? 
Fireman Rhodehouse apparently knows more than he is 
willing to tell and strong influence is being thrushed upon 
him to induce him to tell all he knows about the murder. 
He is obstinate and reticent. He denies eve^thing, as- 
serts innocence and reaffirms his first story. 

But at last, the pressure against him is too great and 
he breaks down. The heavy clouds roll away; the dark 
mystery is clearing up; the awful suspense is about over, 
and fireman Rhodehouse is the self-confessed murderer 
of engineer Van Devander. His first statement was false 
in every particular. It is now three days since the crime 
was committed. At the command of his conscience, fear- 
ing the lines of suspicion which were gradually contract- 



32 THE WILD TRAIN AND DYING ENGINEER. 

ing about him, he confesses to having committed the 
deed. When the news of his confession was made pub- 
lic the excitement became intense — greater, if possible, 
than that immediately following the night of the murder. 

Rhodehouse was placed in jail as soon as he made the 
confession. Knots of people gathered on the street cor- 
ners and a crowd of several hundred frenzied men col- 
lected around the jail where the prisoner was confined. 
Fortunately it was an orderly mob, although numerous 
threats of bodily injury were made. Many expressed 
themselves as being ready and willing to help lynch the 
guilty man, but the calmer and more orderly men among 
them discouraged lynch law and thereby no attempt was 
made to carry out the hasty threats. The railroad men 
deserved credit for their calm, deliberate and unpreju- 
diced views of the case. They were not among those 
who were exciting the mob. They were identified with 
the more orderly citizens and seemed inclined to allow 
the law to take its course. By nine o'clock in the even- 
ing the excited crowd had dispersed and no further trou- 
ble for the present was apprehended. 

Rhodehouse in his confession stated that he and the 
engineer had been quarreling for several days. Some- 
body had reported to the superintendent of the road that 
Van Devander had taken an excursion train out from 
Manitou Beach while he was under the influence of 
liquor. Van Devander repeatedly accused Rhodehouse 
of reporting him. At first Rhodehouse would neither de- 
ny nor confirm the accusation. The quarrel was resumed 



THE CONFESSION. 33 

on the last trip the two made. At Franklin, the south 
end of the run, the men drank together and in a dispute 
that soon followed the engineer slapped the fireman with 
his open hand. Owing to the superior strength of the 
engineer the fireman could only subdue his anger and 
bide his time for revenge. At Greenville they engaged in 
an angry war of words. At Rockford and Ohio City the 
quarrel was still in progress. Van Devander knocked 
Rhodehouse down and the fireman then warned him that 
if he ever struck him again he would knock him down 
with the hammer. When within two or three miles of 
Van Wert, the engineer on his seat and the train running 
at full speed, Rhodehouse seized a hammer weighing 
over three pounds and struck the engineer on the head 
twice. Van Devander fell to the deck, and when down 
and perfectly helpless the fireman struck him again. The 
train then ran wild into town. Rhodehouse noticed that 
the target at the Pennsylvania crossing was turned for 
the train and he let it run, quickly passing the depot and 
over the crossing he sped, urged by the desperation of 
madness. Just after the train crossed the Pennsylvania 
tracks Van Devander raised his head as though making 
an attempt to get up. The demonized fireman grasped 
the bloody hammer and to make certain of his fiendish 
work struck with both hands with all the force at his 
command. He then placed his victim on the seat and 
lay down in the cab and feigned unconsciousness. His 
confession was made to different parties and at different 
times. His first statement was made to C. W. Riley and 



34 THE WILD TRAIN' AND DYING ENGINEER. 

Harry Stevens about six o'clock Monday evening, two or 
three hours after Van Devander's funeral. They went to 
his room at that hour and Riley opened the conversation 
by saying: 

"Sam, it's a bad affair." 

"It is," said the fireman, "but I am an innocent man. 
There was a crowd in here this afternoon that have since 
made statements to the effect that I partly admitted, but 
it is wrong; they lied. The deputy sheriff is mad about 
it and said he would not allow them to say any such a 
thing as long as he was here." 

"Sam, did you and Mat (Van Devander) have any 
trouble at Franklin Friday afternoon?" inquired Riley. 

"No; we were getting along firstrate; didn't have a 
word," said Rhodehouse. 

Riley. — "But there are people in Franklin who heard 
you and Mat quarreling." 

Rhodehouse. — "No, sir; we didn't quarrel." 

Riley. — "Yes, sir; there are as many as ten statements 
against you. Dejester heard you and Mat quarreling and 
has made statements to that effect." 

Rhodehouse. — "He did say so?" 

Riley.— "Yes, and five other paper mill men. I have 
been sifting this thing closely since Saturday morning. 
The evidence is getting very thick against you. The 
best thing you can do is to tell the truth. I know that 
in striking Mat you were agitated and provoked to it. ami 
you could do nothing with him without taking a ham 
mei or coalpick. Harry and 1 know that you would he 



THE CONFESSION. 35 

no match for him without in some way taking advantage 
of him. If you had run the engine to the depot and 
stopped, then gotten off and made your statement, there 
would not be much said to you, as I suppose you had to 
use the hammer on him. You made no statement; they 
make it now." 

Rhodehouse. — "What about the statement I made to 
the doctor?" 

Riley. — "That makes no difference with the truth. 
Did Mat strike you at Celina?" 

Rhodehouse. — "No." 

Riley. --"Did he strike you at Rockford?" 

Rhodehouse. — "No." 

Rile)". — "Did you quarrel at Rockford?" 

Rhodehouse. — "No." 

Riley. — "You were heard quarreling there and calling 
vile names at the water tank." 

Rhodehouse, holding up his left hand. — "So help me 
God we did not quarrel from the time we left Franklin." 

Riley. — "Did he strike you at Ohio City?" 

Rhodehouse. — "No." 

Riley. — "Sam, where did he strike you?" 

Rhodehouse. — "Down in the woods about a mile and a 
half from town while I was putting in the fire. Mat hit 
me with his left hand on the side of the head. Mat said: 
'I will do you right here.' The blow staggered me and 
he struck me again. I dodged and got the hammer out 
of the tool-box. After doing so I stepped in and struck 
him three times. Mat fell down in his seat and then 



36 THE WILD TRAIN AND DYING ENGINEER. 

tried to get up and come at me again. I took the cop- 
per hammer in both hands and struck him as hard as I 
could. I was afraid I could not kill him. I knew I had 
to kill him or he would kill me. That's the truth. Now 
they'll hang me." 

Riley. — "No, I guess not." 

Rhodehouse. — "Well, then, I'll get five years in peni- 
tentiary for it." 

Riley.— "Now, Sam, I wish you had done this before. 
I want you to make this statement to your only protector, 
the sheriff." 

Rhodehouse. — "All right; go and get him." 

Harry Stevens.— "My God, Sam, did I ever think you 
would come to this! What's going to become of you?" 

Stevens, Riley and Rhodehouse were railroad men and 
had been intimate friends. The awful revelation was too 
much for Stevens and he broke down and gave way to 
his sorrow. 

"Don't cry, Harry," said Rhodehouse. 

Stevens. — "But think before confessing. Sam, didn't 
you use the air brakes and have the train under control 
coming into Van Wert?" 

Rhodehouse. — "No; I did not. 1 was afraid they would 
lynch me." 

Sheriff Shumaker was then promptly informed of the 
startling news. He hastened to the hotel to get the con 
fession direct from Rhodehouse. Riley and Stevens were 
also present to hear it repeated. On entering the room 
occupied by Rhodehouse. Riley said: ••Sam. you asked 



THE CONFESSION. 37 

me to call the sheriff, as you wanted to tell him all about 
it. Now tell him what you told us." 

Rhodehouse. — "I did it. I killed Mat Van Devander." 
The sheriff. — "What did you kill him with?" 
Rhodehouse. — "I did it with the soft hammer. I slip- 
ped back and took the hammer out of the tool-box and 
hammered the edge of my scoop so he would not mis- 
trust what I was doing. When I laid it back I let the 
handle stick out from under the lid of the box so I could 
readily get hold of it." 

The sheriff. — "Had you and Mat been quarreling?" 
Rhodehouse. — "We had a few words at Franklin, and 
when about two miles from Van Wert, while I was put- 
ting in a fire, Mat struck me with his left hand knocking 
me down on the boiler brace. I got up and slipped back 
and got the hammer. I returned and hit him behind the 
left ear three or four times. 

The sheriff. — "Was Mat sitting on his seat when you 
struck him?" 

Rhodehouse. — "He was. Coming into town I dropped 
down into the deck of the engine. After we crossed the 
Pennsylvania track I was watching Mat and he started to 
raise up. I jumped up and grabbed the hammer in both 
hands and atruck him on the head as hard as I could 
strike. I thought I could not kill him. I was afraid that 
if he came to he would kill me. I dropped down again 
and just then we ran into the yard engine." 

The sheriff. — "How did the blotch of blood get on your 
overalls leg?" 



38 THE WILD TRAIN AND DYING ENGINEER. 

Rhodehouse. — "I can tell you how I got that. When 
Mat went to raise up I was afraid he was coming to. I 
jumped up and grabbed the hammer in both hands and 
set my foot on the step. When I struck him on the head 
with the hammer his head dropped down on my leg. I 
took my arm and shoved him back. Mat and I had a 
few words at Franklin. He got down off the engine to 
tighten the key in the lock -rod and I got down by the 
side of him and he said: 'Sam, if you did not say 
(evidently referring to the report made of his conduct at 
Manitou Beach) we will drop it at that and say no more 
about it.' Mat and I had made up." 

The statement made to J. J. Shumaker at the hotel 
was as follows: 

"I did that. I killed Mat. I set the monkey-wrench 
up in front of my seat where I could get it, and then I 
took the soft hammer and fixed it so the handle would 
stick out of the box so I could get it any time I wanted 
it. Mat hit me first. I went back and got the hammer 
and hit him two or three times. He was on his seat ami 
didn't get off of it. When coming into town I noticed 
the crossing was clear for us and I let the train run. Just 
before we hit the yard engine Mat raised up. I took the 
hammer in both hands and hit him back of the left car. 
God! I thought I couldn't kill him. Somebody told me 
since this happened that Mat said he would throw me in 
the fire-box. Mat was leaning over and when I pushed 
him back I got blood on my clothes." 

Shortly after making the above statement he made the 



THE CONFESSION. 39 

following confession to deputy sheriff F. H. Carper: 

"I killed Mat. I killed him in self-defense. We quar- 
reled at Franklin. Nothing more was said until we got 
to Ohio City. There we quarreled again, and we quar- 
reled to within about two miles of Van Wert. Then Mat 
said: 'I'm going to do you up,' and then he struck me 
on the side of my head and as I was raising up he struck 
me again. Then I went back and got the hammer. I 
had it ready in the box. I had raised the lid and had the 
handle sticking out. I got the hammer and struck him." 

His last statement before being taken to jail was made 
in the presence of sheriff Shumaker, deputy sheriff Car- 
per, W. M. Flaharty, prosecuting attorney J. Y. Todd and 
J. J. Shumaker. It was as follows: 

"Mat and I had a quarrel at Greenville. Two men 
heard us quarrel there and I know it is no use to tell 
anything but the truth. The reason I did not tell it at 
first was that I was afraid they would kill me. I intended 
to tell it on the witness stand. At Greenville the hostler 
stepped on the engine and got between us and interfered. 
We had another quarrel at Ohio City. Mat struck me 
once with his left hand, and that was the only time he 
struck me. He wasn't off his seat after he hit me. He 
raised up as if he intended to get off but he was afraid 
he would hit me. I got the hammer. I had it ready in 
case of an attack. I hit him." 

Upon being asked where he hit him the first time and 
what Mat was doing when he first struck him, he refused 
to answer directly and said he preferred to consult his 



4 o 



THE WTf.D TRAIN AND DYING ENGINEER. 



attorney first, but he had previously stated that Mat was 
looking forward. Continuing he said: 

"I saw the target at the crossing was turned all right 
for the train. If it had not been I would have stopped 
the train and given myself up. I would not have run the 
risk of killing the passengers. I was lying down when 
we passed the depot. I was very weak and trembling. 
I did not know the switch engine was working there. If 
I had known it I would have stopped the train. I did 
not have nerve enough to run into the switch engine and 
perhaps kill myself. After the engine struck the switch 
engine Mat raised up and I again took the hammer in 
both hands and struck him a lick hard enough to kill an 
ox. There was enough steam in the boiler to take the 
train to Cavette at the rate it was running. 1 intended 
to let it go on. I never told all about it but I will tell it 
if my lawyer is willing. At the beginning of the quarrel 
Mat said: 'I'll do you.' The lick that he struck knocked 
me against the boiler and made the bruise on the other 
side of my head. I know if I had not defended myself 
Mat would have killed me. I did it in self-defense. He 
threatened to kill me. He had often threatened to kill 
me. I put in only one shovelful of coal alter leaving 
Ohio City." 

Shortly after the confession coroner Kirkpatrick made 
his report. The finding of that officer was that Van 1 >ev 
ander came to his death from wounds on the lie, nl in- 
flicted with a hammer in the hands of Samuel Rhode- 
house. Dr. J. K. Woods, the railroad company's sm- 



POST-MORTEM REPORT. - ^j 

geon, made a port-mortem examination and reported that 
either one of the three hardest blows on the head pro-: 
duced sufficient fracture to result in death. The exami- 
nation was made by order of the prosecuting attorney. 
The physician's post-mortem report in detail was sub- 
stantially as follows: 

Van Wert, Ohio, July 21, 1890. 
To the prosecuting attorney of Van Wert county, Ohio: 

By your order I at noon to-day made a complete post- 
mortem examination of one Madison Van Devander, 47 
hours after death, and find the following described marks 
of violence on the head of said body: 

1 st. A complete fracture 2*4 inches long and three- 
fourths of an inch wide about two inches above left ear. 

2d. A complete fracture one inch long and three- 
fourths of an inch wide located about an inch back of 
fracture No. 1, being the lower portion of the left parietal 
bone, including a portion of the left temporal bone. 

3d. Fracture of outer table of skull, situated half an 
inch above the occipital protuberance. 

4th. Complete fracture somewhat circular* in form 
three-fourths by three-fourths of an inch in area, located 
on top of head half an inch behind the point of union of 
the two parietal and frontal bones immediately over the 
suture of the two parietal bones. 

5th. Complete fracture located two inches above right 
ear involving the right parietal bone only. This fracture 
is three-fourths of an inch long and half an inch wide, 
slightly curved in shape through the skull. 



4 2 THE WILD TRAIN AND DYING ENGINEER. 

6th. Complete fracture 2% inches long and three- 
fourths of an inch wide, nearly horizontal, including the 
lower portion of the right parietal and a portion of the 
occipital bones and is located an inch back and upward 
from right ear. 

I also find two or three scalp wounds located on upper 
part of the head. Respectfully submitted. 

J. K. Woods, M. D. 

Rhodehouse had always enjoyed the advantages of a 
good reputation and this was never more judiciously con- 
sidered than just now. It was a boon in his favor, as it 
smothered public wrath to considerable extent. He was, 
indeed, a courteous and industrious young man. He 
stood well with his employers and fellow-workmen. He 
was highly respected in the community where he lived. 
His friends could scarcely believe that he could be in- 
duced to commit such an atrocious crime. It was too ap- 
palling in detail to think about. Such a flagrant, heinous 
crime would forever blighten the hopes and prospects of 
any man without regard to social station in life. 

He wa"s now securely locked in a prison cell with the 
awful charge of murder hanging over him. So bitter was 
public feeling arraigned against him that the peace offi- 
cers anticipated an attempt at mob violence and actuall) 
prepared for it. This sentiment was at fever licit short 
ly after he made the confession and was placed in jail. 
The big crowd that had collected about the jail was or 
derly and as quiet as could be expected under tin- cir- 
cumstances, but some of them were firm in carrying out 



FEARING MOB VIOLENCE. 43 

the rash threats that had already been made. After the 
mob dispersed, the sheriff still fearing trouble, shackled 
the prisoner and took him out, and, after placing him in 
a buggy, drove off in an easterly direction. The report 
was then sent out that Rhodehouse had been transferred 
to the Lima jail. All this was a sham to mislead the peo- 
ple. Shortly before daylight the following morning, and 
after a night drive of several hours, Rhodehouse was re- 
turned through the back way to the Van Wert jail and 
for two or three days it was generally thought he was in 
jail at Lima. 

This, under the existing circumstances, was perhaps 
the best thing that could have been done. The people 
were excited and the sheriff and deputies decided to take 
no chances. After all, it is not certain that mob violence 
was at any time to be feared. The greater portion of the 
crowd that collected around the jail shortly after the ar- 
rest was there herhaps more through curiosity than any- 
thing else. The threats of lynching were made by indis- 
creet persons and were not endorsed by the cooler and 
more conservative heads. All such threats were discour- 
aged by the railroad men and law-abiding citizens. 

The excitement has now begun to relax. A sigh of 
relief and security goes up, and an expressed desire to 
have justice meted out has superseded the awful strain. 
Rhodehouse is the murderer of Van Devander and will 
have to answer for the crime. The Brotherhood of Lo- 
comotive Engineers is an orderly and order-loving body. 
They are men of high intelligence and sound judgment, 



44 THE WILD TRAIN AND DYING ENGINEER. 

and are not easily excited. They feel deeply the wrong 
that has been thrushed upon the family of one of their 
oldest members, but they nobly subdue their feelings and 
abide by the law. 

The public is now anxiously awaiting the full story and 
complete evidence in the case. There are numerous 
opinions, most of them hastily formed and all are sus- 
ceptible to some change. It was certainly one of the 
most blood-curdling tragedies ever enacted, and the peo- 
ple are demanding that justice be fairly and impartially 
done. It is impossible to conceive anything more ap- 
palling and demon-like than the act committed in the cab 
of that locomotive. The very thoughts of the scene is 
enough to make the stoutest frame shudder. It was a 
foul, heartless murder and the court of public opinion is 
rendering many verdicts but all of these will soon be set 
aside by the legal verdict in the case. 

Just one week after the murder was committed Rhode- 
house was arraigned in police court for preliminary hear- 
ing. Long before the time previously set by mayor Bal- 
yeat for the prisoner to appear in court the city hall was 
crowded with anxious people, among them many women. 
It had been rumored that the defense would make a hard 
fight and consequently the people crowded in to hear the 
testimony. In this they were disappointed, for no effort 
of the kind was made. The attorneys for the prisoner 
were present but offered no resistance. When the charge 
of murder in the first degree was placed against Rhode- 
house he pleaded not guilty. His counsel then waived 



THE PHANTOM TRAIN. 45 

all preliminary rights and the prisoner was remanded to 
jail to await the next term of common pleas court, which 
was not to convene until the 28th of October following. 

Meanwhile many strange stories were told. One was 
to the effect that the engine on which Van Devander was 
killed was haunted, or "hoodooed," as it were. A phan- 
tom train was reported to run north about midnight be- 
tween Ohio City and Van Wert. The engine was unat- 
tended and ran wild with a ruffled, rumbling noise. The 
ghost was said to be of a pale yellow and quite transpar- 
ent. In fact objects could be seen on the opposide side 
of the specter. 

One night a farmer drove across the track with a mule 
team. Just then the phantom train came rushing along 
like a mighty wind and lifted the rear end of the wagon 
off the track. The man's hat was blown off and some 
straw was blown out of the wagon but no damage was 
done. Shadowy forms and mysterious objects were seen 
in the cab of the engine. The train rushed on a short 
distance and then vanished as suddenly as it appeared. 

It was also reported that the engineer and fireman in 
charge of the fatal engine, once bespattered with blood 
and brains, were sometimes made aware of the presence 
of a third party in the cab that would come and disap- 
pear like a mist. One night while the train was thunder- 
ing along near Van Wert a transparent and almost invis- 
ible hand pulled the throttle wide open and immediately 
the engine darted off with the train and for quite a dis- 
tance ran at a frightful speed. The story of the specter 



46 THE WILD TRAIN AND DYING ENGINEER. 

and phantom train may have been a myth. The real cir- 
cumstances surrounding the crime were appalling enough 
without the superstitious appending mythful reports of 
startling apparition. 

We now come to the trial, which was indisputably one 
of the most famous, exciting and truly remarkable trials 
ever held in this section of the country. Rhodehouse 
was indicted by the grand jury at the October term of 
court but his trial was continued to the February term. 
It was undoubtedly postponed for the purpose of better- 
ing the chances of the prisoner. A morbid public senti- 
ment was being created in his behalf and the object of 
postponing the trial was to give this sentiment ample 
opportunity to develop to its limit. A desperate effort 
was instituted by the friends of Rhodehouse to free him, 
and the postponement of the trial from October to Feb- 
ruary was a decided victory for them. It gave more time 
for the sickning details of the murder to die out, and 
many of those who, in the beginning, were so determined 
to convict Rhodehouse and make him suffer the severest 
penalty for the crime were now gradually casting oft their 
prejudice and by February would be more disposed to 
stand back and allow the trial to proceed unaided by 
their radical determination to prosecute. 

When court convened Monday afternoon, Feb. 9. 'qi, 
the large and elegantly finished court room was well filled 
with curious and eager spectators who came to witness 
the opening of the most tedious and interesting trial in 
the history of Van Wert county. For weeks the coming 



THE TRIAL. 47 

trial was the leading topic of conversation and everybody 
was anxious to hear the testimony, as many sensational 
developments were expected. Women were apparently 
as curious as the men and when court opened a surpris- 
ingly large number of them were in the audience. 

When Rhodehouse was brought into court by sheriff 
Shumaker all eyes were quite naturally turned upon him 
and he was made an object of study. He was consider- 
ably bleached and the effects of his six months imprison- 
ment were plainly discernible. He made an appearance 
considerably to his advantage. He was remarkably cool 
and collected. Neither the immense audience nor the 
fact that he was arraigned on the charge of first degree 
murder caused any noticeable change in his looks, acts 
or manner. His attorneys were Hon. A. L. Sweet, of 
Van Wert, and Judge A. R. Calderwood, of Greenville. 
The state was represented by prosecuting attorney J. Y. 
Todd, of Van Wert, and J. L. Price, of Lima. Judge 
Jas. H. Day, of Celina, was on the bench. All were men 
of high legal learning and this was an indication for a 
long, hard-fought battle. The very fact that these men 
had been engaged in the case showed conclusively that 
every technical point raised in law would be contested to 
the bitter end. A memorable contest was to be fought 
and nothing bearing upon the case would be allowed to 
pass without being shorn of its advantages. Their minds 
were set to take advantage of every opportunity and 
every fine point known to the profession was to be intro- 
duced and thoroughly and satisfactorly diagnosed. 



48 THE WILD TRAIN AND DYING ENGINEER. 

The regular jury was incomplete, three oi the jurymen 
having been excused. A recess of thirty minutes was 
taken and a special venire ordered. During recess the 
venerable father of the prisoner appeared in the court 
room and affectionately embraced and kissed his son. 
It was a pathetic scene and had its weight upon the jurv. 
A large number of the prisoner's friends from Greenville 
were present, also many of the Mackinaw railroad men. 
They gave him a friendly greeting and extended their 
best wishes. This, of course, had a tendency to cheer 
him up and make him more hopeful than he had been at 
any time since his confession. 

After recess it was found that two more of the regular 
jurors had formed opinions which disqualified them for 
jury duty and this now made a vacancy of five. Eleven 
men were then brought in by the special venire. Of this 
number, nine proved ineligible on account of their de 
cided opinions and were excused. Again a recess was 
taken and another venire ordered by the court. The 
second venire brought in eleven more men. There were 
still three vacant chairs in the jury box and the first three 
men examined in this special venire passed a satisfactory 
examination and were given the vacant seats. 

The state was now satisfied with the jury but the de- 
fense objected to one of the regular jurors and he was 
excused, thus creating another vacancy. The othei i 
ular jurors were then sworn and it was found that not 
one of them was eligible on account of opinions previous- 
ly formed and expressed. The second venire was i \ 



THE TRIAL. 49 

hausted without filling the vacancies and the judge or- 
dered the third venire and adjourned court until the next 
morning. The large crowd in attendance remained till 
court adjourned, though nothing of importance trans- 
pired. It was the unusually deep interest in the case that 
held them. 

When court opened the following morning at 8:30 the 
seats were well filled and the usual interest was mani- 
fested. The work of completing the jury was immedi- 
ately begun. After some argument the state excused Ed 
Montgomery, one of the jurors previously chosen. It was 
nearly ten o'clock when the jury was finally completed. 
It was made up of the following named persons: 

John Chilcote, Oliver Sheets, Albert Foust, Joseph A. 
Gerdeman, John Shearborn, J. M. Hooper, A. Mullen- 
kopf, J. G. Rupright, A. B. Christy, J. H. Rhaney, H. V. 
Olney and T. B. Barnck. 

Prosecutor Todd then stated the case to the jury for 
the state and and Judge Calderwood for the defense, and 
the examination of the the long list of witnesses was be- 
gun. Following is a summary of the testimony: 

John Cooney: — Am conductor on the Mackinaw. Was 
on train No. 4 coming north the 18th of last July. Van 
Devander was engineer and Rhodehouse fireman. Spoke 
to Van Devander last at Celina. Saw him next in the 
yards at Van Wert lying on his back on the seat, with 
blood gushing from his head. Rhodehouse was lying on 
the gangway. He was taken from the cab before the re- 
moval of the engine. 1 heard the last whistle at Stump's 



50 THE WILD TRAIN AND DYING ENGINEER. 

crossing, three miles south of town. The train passed 
the Van Wert depot at the rate of about six miles an 
hour and was stopped near water tank by the switch en- 
gine. I asked Rhodehouse what was the matter and he 
said somebody got on the train at Ohio City and hit them 
on the head with a hammer. My run was from Franklin 
to Bryan. 

Cross-examined: — We left Ohio City on time. I saw 
lights of Van Wert but heard no whistle. Did not notice 
electric lights, nor notice crossing Pittsburg track, not 
until we were in the yards. I did not go out on the plat- 
form. The conductor can stop the train with a cord at- 
tached to the air brakes. I supposed we were crossing 
the switch just north of Main street when we were really 
crossing the Pittsburg track. 

E. A. Johnson: — I am clerk for the superintendent of 
the Ohio division of the Mackinaw. (The witness was 
then shown a plat of the second and third wards of Van 
Wert, showing location of the Mackinaw track. He ex- 
plained the plat, giving distances between Fox crossing, 
the depot, tank and yards and also explained the location 
of electric lights along the track.) 

W. H. Darling: — Am baggage ami express messenger 
on Mackinaw. Was on train 4 the night of July 18th. I 
saw the engineer this side of Stump's crossing, about 
three miles south of Van Wert. He was on his engine 
sitting on his seat. Saw him through the glass window 
in the baggage door. Saw nobody else on the engine or 
steps. Heard last whistle at first road crossing north of 



5? 



Stump's. We did not stop at the depot in Van Wert. 
They had taken the engineer and fireman from the train 
before I saw them. The engineer's head was covered 
with blood. Rhodehouse was lying on the ground. Did 
not hear either man say anything. Train due at 10:10. 

J. P. Faudree: — I saw train 4 come in from the south 
on the night of the murder. Was at depot but train did 
not stop until it passed the water tank. I was sitting on 
the steps of freight house when train passed. I looked 
in the cab as train passed, but saw no one. Went to the 
yards and saw men taking Rhodehouse from the cab. I 
helped to take Van Devander from cab and lay him on 
the ground. Helped to wash his head and found brains 
oozing out at three different places. I had hold of fire- 
man Rhodehouse and found he had received a hard lick 
on back of head; also saw a cut on back of his head. I 
heard him ask several times, "Where is Mat?" He told 
Harry Welch to go on the cab and get his watch. 

Cross-examined: — Do not think I could have seen per- 
sons in the cab unless sitting on the seats. The brakes 
were partty on when the train passed the depot. Train 
was running at rate of five or six miles an hour. 

Harry Overholtzer: — I was switchman for Mackinaw 
road on night of July 18th. Train No. 4 struck switch 
engine about ten o'clock. I saw Van Devander on the 
seat box with his head toward the tank. His head was 
bloody and he was taken from the cab and washed. The 
collision occurred about a hundred yards north of water 
tank. I flagged engine 25 but it would not stop. Made 



52 THE WILD TRAIN AND DYING ENGINEER. 

no effort to get on engine while it was running. Rhode- 
house was lying on the deck of cab with his head to the 
north. I carried him from the engine but did not hear 
him say anything. Saw blood on deck of the cab near 
Van Devander's seat box. 

Cross-examined: — I was near the engines when the cob 
lision took place. Had. a light with me and there was a 
light in the cab. The light in the cab simply showed the 
steam gauges. I was switchman under engineer White 
who had charge of the yard engine. 

E. C. Ring, painter in the Mackinaw shops, exhibited 
drawings showing side and full views of engine 25 and 
gave all the measurements of the engine. 

W. R. Campbell: — Am engineer on the Mackinaw. 1 
was in the yards the night of the 18th of last July. Saw 
tram 4 come from the south at the rate of five miles an 
hour and was stopped by coming in contact with switch 
engine. Saw engineer Van Devander lying on seat, and 
noticed that his head was injured by four or five blows. 
Saw Rhodehouse curled up on the floor of the cab, also 
saw pool of blood on the engineer's side of the engine; 
did not notice blood anywhere else. I asked Rhodehouse 
how it happened and he said somebody came over the 
tank and hit him. The steam of the engine was shut off 
and the brakes were loose. The train was in a condition 
to be stopped as soon as brakes were applied. It is the 
engineer's duty to blow the whistle and the fireman's du- 
ty is to ring the bell. The conductor has control of the 
entire train and under his direction the train is started 



■■■■"• THE TRIAL". 53 

and stopped. 

Robert White: — I was running yard engine on Mack- 
inaw at Van Wert the night of Jul} 7 18th. Train 4 struck 
my engine. I went to the engine and saw Van Devan- 
der on the seat with head bloody and Rhodehouse on the 
floor of cab. Both men were taken from the engine and 
laid on the ground. Did not hear either man speak. I 
saw a pool of blood on foot-board of engine 25; also saw 
blood on window near engineer's seat. The reverse lever 
was not clear forward when I saw it. I do not know who 
changed it. 

J. F. Peabody: — I am in several different positions on 
the Mackinaw. Was braking on train 4 the night of the 
1 8th of July. The train whistled about a mile south of 
the Van Wert depot. Ran past the depot at the rate of 
ten or twelve miles an hour. Missed no whistles or sig- 
nals until nearing Van Wert when we missed the station 
whistle. 

George Deal: — 1 was yard master at Van Wert on the 
night of the murder. Saw train 4 run into the yard en- 
gine. A flag was sent out from the yard engine but was 
not obeyed. I saw Van Devander lying on his seat and 
Rhodehouse lying on the deck. We took Van Devander 
from the engine and laid him on the ground. Saw blood 
on the floor and windows of cab on engineer's side. After 
Rhodehouse was laid down he asked me to get his watch. 
I asked him how it happened and he said some one got 
on the engine and hit him. 

During the afternoon session the prisoner's mother 



54 



THh; WILD TRAIN AND DYING BNGINEER. 



came into court and immediately all eyes were turned up- 
on her. A sigh of sympathy went up for her, the vast 
audience fully realizing the pangs that were gnawing at 
her heart. The signs of anxiety and long sleepless nights 
were plainly visible in her face. She felt as none but a 
good christian mother could feel. It was a dark and try- 
ing time for her. She saw no sunshine and knew no real 
happiness in those dismal days. The awful strain that 
was weighing upon her mind could be read in her coun- 
tenance. The meeting between mother and son was an 
affecting one and moistened many an eye in the audience. 
Charles Moore was the first witness to testify at the 
afternoon session. He said he was at the depot when 
the train passed by on the night of the murder. He fol- 
lowed to the yards and arrived just as they were taking 
Rhodehouse off the engine. He picked up the hammer 
that did the fatal work, and when it was exhibited m 
court it was still covered with blood and hair. 

Elmer Ziler: — I was employed in the Mackinaw yards 
the night of the 18th of July. Saw train 4 come in from 
the south and collide with switch engine. Saw Rhode- 
house lying on deck of the cab. Did not see Van 1 V\ 
ander. I helped to take Rhodehouse to his hotel. He 
spoke of his watch, that was all. There was blood on his 
clothes. 

Joseph Butters: — I was employed as fireman on Mack 
inaw road. Was in the yards at Van Wert the 18th oi 
July and saw the collision. Saw Van Devander lying on 
his seat. Saw blood on deck of cab and on the window. 



THE TRIAL. 55 

Helped take Van Devander from the cab. Saw Rhode- 
house after he was taken from engine. Heard him say a 
man came over the engine and hit him and Mat. 

R. M. Burgoon: — I was in the south part of town the 
night of the 18th of July and heard train 4. coming in. I 
heard the whistle at Fox's crossing. The whistle was 
peculiar and sounded like a danger whistle. There is no 
system to danger signals. I saw Van Devander at his 
home and was with him all night. His head was badly 
bruised; in fact it was pounded to pieces. His right 
hand was swollen the next morning. He was restless and 
it required two men to hold him. His left eye was weak. 
He died about 1:15 in the afternoon of the next day. 

When cross-examined Mr. Burgoon said he contrib- 
uted five dollars to the fund raised to prosecute this case. 

Dr. J. K. Woods: — I saw Van Devander in the yards 
the night of the 18th of last July. He was lying on the 
ground badly mutilated and unconscious. Was washed 
and carried to his home, perhaps half a mile from yards. 
I saw him every few hours until his death. Saw wound 
above left ear, and back of this was another deep wound 
from which brain substance issued. There was another 
wound on the crown and two more on the right side of 
his head from which brain substance issued. There was 
also a wound on the back of his head. I made a post- 
mortem examination. (Witness then exhibited the skull 
of a man lynched near Rockford, Mercer county, about 
the year 1872, and located the position of the various 
wounds.) Four of these wounds were complete fractures. 



c6 THE WILD TRAIN AND DYING ENGINEER. 

I noticed Saturday morning that his right side was para- 
lyzed. I saw no wounds except those on the head. I 
saw Rhodehouse at the Van Wert House at one o'clock 
the night of the murder. He was in bed and I asked him 
a few questions but received no answer. I found a slight 
contusion on the right side of his head and another on 
the left side. He was breathing natural and his color 
was good. I saw him again at seven o'clock in the morn- 
ing and he was perfectly rational. He must have been 
rational during my first visit early in the morning. I did 
not treat him because he needed no treatment. In the 
morning he made the statement to me that some onv had 
boarded the train some place south of town and struck 
Van Devander and himself, rendering him unconscious. 

Dr. G. W. McGavren: — I was called to the Van Wert 
House about eleven o'clock the night of the murder to 
see Rhodehouse. A number of railroad men were in the 
room. I made a careful examination of Rhodehouse and 
found a slight contusion on top of his head and a slight 
incision. He complained of pain in his back but 1 found 
nothing the matter. I do not think there was much the 
matter with him. He did not talk during my first visit. 
I returned to see him about an hour and a halt later. His 
condition was the same. He assumed unconsciousness, 
but I think he was rational. I returned the next morn- 
ing and he talked with me and told me something of the 
manner in which he was injured. He again complained 
of pain in his back. I made several more visits And he 
complained some of his back, but I did not treat him tor 



THE TRIAL. 57 

there was nothing the matter with him. I told him dur- 
ing one of my visits that the impression was that he had 
murdered Van Devander, but he said nothing. I visited 
Van Devander that night and next day with Dr. Woods. 

Dr. McGavren then gave a minute description of Van 
Devander's wounds, which did not differ materially from 
that given by Dr. Woods. He said that either one of the 
four severest wounds would have proven fatal. 

W. L. Rank: — I am an undertaker by occupation. I 
conducted Van Devander's funeral. Found bruises on 
his head but none on his hands. I did not notice that 
his hand was swollen. 

J. R. Stith: — I reside at Ohio City. Was acquainted 
with Van Devander and saw him as he passed through 
that town on the evening of the 18th of July. He was on 
his seat in the cab talking to someone on the steps. Do 
not know who he was talking to. The man remained on 
the steps of the engine until it passed the lights. 

Peter Richards: — Am acquainted with Rhodehouse. I 
heard him threaten to kill Van Devander if he ever made 
a move towards him. Heard him make the threat in the 
Van Wert yards. I have contributed five dollars towards 
the prosecution of Rhodehouse. Contributed with others 
to hire a lawyer to help prosecute him. I heard Rhode- 
house threaten Van Devander many times. He volun- 
tarily made these threats and I paid but little attention 
to them. 

Joseph Cozier:— Am employed on the Mackinaw road 
at Bryan. I am acquainted with Rhodehouse. Saw him 



58 THK WILD TRAIN AND DYING ENGINEER. 

the last Sunday in June, and he told me that if Van Dev- 
ander ever fooled with him he would kill him. I asked 
him how he and Mat were getting along and he said ''all 
right," and repeated his threat that if Van Devandrr ever 
fooled with him he would kill him. 

Charles Hosford: — I knew Van Devander by sight. I 
found a cap along the Mackinaw a mile and a half south 
of town last July. The cap was Van Devander's. I saw 
him wearing it and know it belonged to him. Found it 
the next morning after Mat was reported murdered. 

Harry Stevens: — I was formerly with the Mackinaw. 
Have known Rhodehouse about four years. We were al- 
ways good friends. I saw him at the Van Wert Hi 
Monday, July 21st. Saw him again in the evening of the 
same day when Riley and I went to his room. 

Here a heated discussion took place among the attor- 
neys in the case. The attorneys for the defendant em- 
phatically objected to the witness telling what Rhode- 
house told him and Riley. They set up the claim that 
the prosecution was attempting to force a confession. In 
order for the court to determine the legality of the point 
the jury was sent to its room and the witness proceeded 
to tell what Rhodehouse told Riley and himself concern 
ing the murder. The defendant was on the stand a few 
minutes to testify on this point but his testimony did not 
differ to any extent from that given 1>\ Stevens. The 
point the defense desired to make was to show that Ste- 
vens and Riley had, by their threats or promises, suc- 
ceeded in wringing a confession from Rhodehouse. The 



THE TRIAL. 59 

defendant's attorneys put prosecuting attorney Todd on 
the stand and questioned him as to whether or not he 
had used Stevens and Riley to obtain a confession from 
Rhodehouse. The evidence thus adduced showed that 
neither threats nor promises were made to pursuade the 
defendant to make a confession. The court therefore 
ruled that Stevens' evidence was admissible and the jury 
was called in. The witness then began to testify after 
admitting that he and Riley went to the defendant's room 
for the purpose of learning the truth of the matter. The 
witness and Riley told Rhodehouse that the coroner's in- 
quest, which was in progress just at that time, was de- 
veloping very damaging testimony against him, as several 
railroad men were giving remarkably straight evidence. 
They urged him to tell the truth, assuring him that they 
would do everything they possibly could to help him out 
of trouble. Riley told him he did not think there was 
any danger of him being hanged, and both assured him 
that it would be better for him to tell the truth. Rhode- 
house then confessed to having murdered Van Devander. 
Sheriff Shumaker was then called into the room and im- 
mediately after confessing to the sheriff Rhodehouse was 
removed to jail, those present agreeing not to make the 
confession public until after the prisoner was locked up 
and safely beyond the reach of sudden mob violence. 
Stevens' testimony created a sensation in the audience, 
as such evidence was unexpected. 

A. P. Shumaker: — Am sheriff of Van Wert county. I 
was at the Van Wert House the evening of the 21st of 



60 THt WILD I'RAIN AND DYING ENGINEER. 

last July. I had Rhodehouse under arrest and my dep- 
uty was watching the house. I went to the hotel to re- 
lieve my deputy so he could go to supper. Stevens and 
Riley came to see Rhodehouse and I waited on the out- 
side of the hotel until Riley came to the door and beck- 
oned me to come in, saying that Rhodehouse had told all 
about it and would tell me. I went into the room and 
Rhodehouse told me that he killed Van Devander. He 
said he was firing the engine south of town when Van 
Devander struck him and knocked him down. He got 
up and got the hammer and struck the engineer two or 
three times. He said he then dropped down on the floor 
of the cab. He was watching the Pittsburg crossing and 
just after crossing the Pittsburg road Van Devamlrr 
raised his head. Rhodehouse said that he was afraid Van 
Devander would come to and kill him, so he took the 
hammer in both hands and hit him on the top of the head 
as hard as he could strike. This was just before the 
switch engine was struck. Rhodehouse told me he was 
afraid of Van Devander and shortly after leaving Frank 
lin on that trip he placed the hammer in the tool-box 
the handle would stick out in order that he could easily 
reach it. I sent for my brother, J. J. Shumaker, and we 
secured a rig and took Rhodehouse to the jail building. 
This was about 6:30 Monday evening. There was con 
siderable excitement on the streets and rumors reached 
me that there would be trouble. 1 was determined that 
Rhodehouse should not be injured as long as he was in 
my care and therefore decided to take no risk, though 1 



THE TRIAL. 6l 

did not think there would be any trouble. I ordered a 
team and shortly after midnight, in company with mar- 
shal Joe Rose, started east with Rhodehouse. The im- 
pression was that I was taking him to Lima. We drove 
east some distance and then returned to town, reaching 
home about four o'clock. For "a long time all thought the 
prisoner was in the Lima jail. 

The witness then produced the blouse and overalls 
worn by the defendant the night of the murder. They 
were stained with blood and made some of the audience 
sick to look at them. After the sheriff explained the 
blood spots, as explained to him by Rhodehouse, court 
adjourned until the following day. 

The next morning began the third day of the trial. 
Sheriff Shumaker was put on the stand and cross-exam- 
ined. He said he had charge of the room at the Van 
Wert House in which Rhodehouse was confined. 

J. J. Shumaker: — I was at the Van Wert House in Ju- 
ly after the murder of Van Devander. Was there on the 
evening of the 21st. Rhodehouse told me that day that he 
had killed Van Devander. There was no one in the room 
but he and I when he told me. He said he would have 
stopped the train had there been any danger of anybody 
getting seriously hurt. 

Cross-examined: — Rhodehouse told me that Mat had 
been drinking some and hit him, knocking him down and 
dazing him. He said he was afraid of Van Devander. 

Samuel Van Devander: — Am a son of Mat Van Devan- 
der. Father died the 19th of July, aged 52. 



62 THE WILD TRAIN AND DYING ENGINEER. 

Here the state rested and the witnesses for the defense 
were called and sworn. A great many of these wit- 
nesses came from Dark county. There were also many 
citizens in court from Greenville who were not here as 
witnesses but were warm friends of Rhodehouse and 
came to see him and hear the testimony. Shortly after 
the state closed its evidence in the case the defense be- 
gan the examination of a long list of witnesses as follows: 

O. J. Rosebough:— I reside at Huntington, Ind. Am 
city marshal. Was acquainted with Van Devander. I 
knew him about eight years. He was dangerous and 
quarrelsome when in liquor. His reputation was bad 
when he was in liquor, but he was a gentleman when not 
in liquor. He was a well developed man and a strong 
man, very strong. 

William Dillon: — I live at Huntington, Ind. Was ac- 
quainted with Van Devander. Am on the police force. 
Van Devander was quarrelsome when drinking. Physic. 
ally he was a good man. His reputation for quarreling 
was bad. He was peaceable when sober. 

Joseph Whitt: — I live in Van Wert. Knew Van Dev- 
ander five years. Have seen him try to quarrel. I [e had 
the reputation of being a bad man with his fists. I It- 
was dangerous to fool with when in liquor. 1 think he 
was left handed. I have seen him intoxicated. Do not 
know whether he ever came in or went out on his run in- 
toxicated. He was a nice man when sober 

David Armantrout: — I live in Van Wert. Am con- 
ductor on the Mackinaw. Knew Van Devander and -.i\\ 



THE TRIAL. 63 

him at Franklin a week before the murder. He had been 
drinking and said he would kill the man who reported 
him to the company. He was quarrelsome when drink- 
ing but not when sober. He was a stronger man than 
Rhodehouse. He drank frequently, but I never saw him 
drunk more than two or three times in my life. 

Wm. Ludwig: — I live in Allen county. Was in Ohio 
City the evening of the 18th of last July when the train 
went north on the Mackinaw road. "You will be a dead 
man before you reach Van Wert or you are a better man 
than I am," were the words I heard coming from the en- 
gine. Do not know who said it. That was all I heard. 

Cross-examined: —The train was pulling out when the 
remark was made. I was 25 feet from the engine. 

Samuel DeCamp: — I reside in Van Wert. Lived at 
Castine last July. I passed the train at Castine on the 
1 8th and heard Van Devander threaten to knock Rhode- 
house in the head and kick him into the fire-box. In re- 
ply Rhodehouse asked the engineer whether he would 
ever let up. I was not acquainted with either man but 
knew them by sight. 

George DeCamp: — I was at the depot in Castine the 
evening of the 18th of last July when the train went north 
on the Mackinaw. Knew the engineer and fireman by 
sight. Heard the engineer say, "I will knock }^ou in the 
head and kick you into the fire-box." The fireman said 
nothing. 

John Fight: — I reside at Springfield but was at the D. 
& U. and Mackinaw crossing the 18th of last July when 



64 THE WILD TRAIN AND DYING ENGINEER. 

Van Devanders train came in. Heard Van Devander 
tell Rhodehouse to get a jug of water. Sam said he did 
get one. "You listen to me or I'll knock you in the head 
and throw you in the fire-box," said the engineer. Told 
the incident two days later to the deputy sheriff of Dark 
county. 

John Haworth: — I reside at Greenville. Knew neither 
Rhodehouse nor Van Devander. Was at Tecumseh the 
evening of July 18th when the Mackinaw train stopped 
at that station. One man got down off the engine and 
the other said: "I will get you yet; I'll kill you before we 
get to Van Wert." It was the smaller man of the two 
who got off the engine. I think defendant was the man. 
Was within ten or twelve feet of the engine. 

J. F. Gearhart: — I reside at Greenville. Knew Van 
Devander when I was ticket agent at Germantown in '87. 
Know nothing personally of him getting drunk. 

John Winters: — Am station agent at Franklin. Was 
acquainted with Van Devander and Rhodehouse. Never 
saw Van Devander drunk. 

Lewis Gabee: — Live at Germantown. Knew Van Dev- 
ander about three years. Have drank with him ami shook 
the box with him. Know nothing at all about him being 
vicious. 

Cross-examined: — I liked Van Devander's company. 
He was a gentlemanly fellow. I saw him full about three 
years ago. 

W. H. Myres:— I live at Germantown. Knew Van 
Devander by sight. Have seen him stagger to his en- 



THE TRIAL. 65 

gine. I suppose he was drunk. I saw him helped on 
his engine once. Heard him spoken of as a vicious and 
dangerous man when intoxicated. This was about three 
years ago. 

George Reproble: — I knew Van Devander. Saw him 
drunk once. Heard that he was quarrelsome when in- 
toxicated. 

C. Neff: — Was formerly proprietor of the Van Wert 
House. Van Devander boarded with me for sometime. 
He was reputed to be a quarrelsome man when intoxi- 
cated. He boarded with me during the year 1889. He 
was a strong, muscular man. He was very quiet and or- 
derly when sober. 

J. R. Burkett: — I met Van Devander several times at 
Germantown. Saw him drink several times and saw him 
fall off his engine about two years ago. He was consid- 
ered dangerous when intoxicated. 

Cross-examined: — He was not dangerous when I was 
with him. 

W. D. Shaffer: — I live at Germantown. Knew Van 
Devander. Never saw him drunk. He had a bad repu- 
tation among the people of Germantown. 

David Schoonover: — I live at Franklin. Knew Van 
Devander and Rhodehouse. Saw them as they were leav- 
ing Franklin with their train on the afternoon of the 18th 
of last July. 

Henry Conover: — Live in Van Wert and knew Rhode- 
house and Van Devander. Am employed on Mackinaw 
railroad. Considered Van Devander a dangerous man. 



66 THE WILD TRAIN AND DYING ENGINEER. 

He was a man who drank. Never heard anybody say he 
was dangerous when sober. 

Charles Conover: — Live in this city. Knew Van Dev- 
ander three years. He was very quarrelsome when in- 
toxicated. He was reputed to be a bad man. When he 
was sober there was nothing wrong with him. 

N. S. Harvey: — Live in Van Wert. Am engineer on 
the Mackinaw. Knew Van Devander and Rhodehouse. 
Van Devander would frequently become intoxicated and 
then become quarrelsome. He would be pretty full oc- 
casionally when starting out on a run, but not when he 
came in. He was all right when sober. 

Samuel Class; -Live in this city. Am engineer on the 
Mackinaw. Knew Van Devander and fired for him three 
years. When drinking he was inclined to be quarrel- 
some, but was always peaceable when sober. He had 
the reputation of being a fighting man. He was an ex- 
traordinary strong man. 

Miss Hartoon: — I was dining room girl at the Van 
Wert House two years ago. Knew Van Devander. He 
was a cross man and seemed to want to quarrel. Often 
came into the dining room intoxicated. 

John Niles: — I saw Van Devander on Thursday be- 
fore the trouble Friday. He told me that Rhodehouse 
could not fire for him any more, as Rhodehouse had n 
ported him and he would have to leave Ins engine. Saw 
Van Devander at Tom Noble's on Thursday when he 
told me about Rhodehouse. He was slightly intoxicated 
when he told me. 



THE TRIAL. 67 

Mrs. Anna Wilbur: — I knew Van Devander when he 
boarded at the Van Wert House. He seemed quarrel- 
some and was often intoxicated. 

Dr. J. K. Woods: — I was at Van Devander's residence 
shortly after he was taken there the night of July 18th. 
He vomited and there was a strong smell of liquor from 
the contents of his stomach. There was liquor on his 
breath at the yards. 

Amzie Steele: — I live at Toledo. Knew Van Devan- 
der two years. We both worked on the Mackinaw road. 
I. regarded him as a vicious man when he was under the 
influnce of liquor. There was little difference in weight 
between Rhodehouse and Van Devander. 

Ed Bell: —I reside at Greenville. Knew Rhodehouse 
and Van Devander. Van was quarrelsome and danger- 
ous, and considered a bad man when intoxicated. Fired 
one or two trips for him. 

G. C. Taylor: — I live at Franklin and work for paper 
company. Was there on the 18th of last July and saw 
both engineer and fireman. They were in the cab and 
Van Devander got off the engine and said to Rhodehouse: 
"If you get off the engine you will not see Van Wert to- 
night." Rhodehouse said, "I did not say it and will 
prove it to you when we get to Van Wert." 

Dr. G. W. McGavren: — I saw Van Devander at his 
home on the 18th of last July. He vomited freely and I 
smelled the fumes of liquor. There was undigested food 
in his stomach. 

Phil France: — Live in Van Wert and saw Van Devan- 



68 THt WILD TRAIN AND DYING ENGINEER. 

der on Sunday after his death. His left hand was badly 
swollen but I noticed no bruise. 

Frank Stuckey: — Saw Van Devander on Sunday after 
his death. His left hand was swollen. His right hand 
may have been swollen but I did not notice it. 

W. M. France: — Saw Van Devander after he died. 
His left hand was discolored and swollen. Did not no- 
tice his right hand being swollen. 

Ed Whitt: — I live in Van Wert and knew Van Dev- 
ander two years prior to his death. Was a quarrelsome, 
vicious man and had that reputation. I saw him under 
the influence of liquor a number of times. He was very 
quarrelsome when intoxicated. He threatened to smash 
his fireman. This threat was made at the Van Wert 
House. He talked with Andrews and threatened to 
smash Rhodehouse for reporting him. 

Cross-examined: — I sat with the counsel for the de- 
fense yesterday afternoon and made suggestions to coun- 
sel as to questions they asked several witnesses. 1 am 
interested in the defense. Van Devander was a danger- 
ous man, either drunk or sober. 

Frank Royce: — Am hostler on the Mackinaw. 1 was 
in the yards at the time the train came in on the night of 
the i8th of July. Saw Van Devander on the engine and 
noticed that his left hand was swollen. Did not examine 
his right hand. 

George Fomse: — 1 live at Greenville and knew Van 
Devander. He was a dangerous man and was so con- 
sidered. Saw him drink but never saw him drunk. I 



THE TRIAL. 69 

last saw him take a drink in 1888. 

John Olinger: — Live at Bryan. Knew Van Devander 
four years. Was a quarrelsome man and a very strong 
man. He was a drinking man. Was dangerous when 
drunk but very quiet when sober. 

Wm. Andrews: — Live in this city. Knew Van Devan- 
der and saw him frequently. He told me one time that 
if his fireman ever reported him he would smash him and 
throw him into the fire-box. He did not mention Rhode- 
house's name. This was last spring. 

Chancy Eagy: — Live at Lima and knew Van Devan- 
der. I know very little about his character. 

Wm. Larimer: — Live in this city. Have been engineer 
on the Mackinaw six years. Knew Van Devander. He 
had the reputation of being quarrelsome when drinking. 

Here a recess of ten minutes was taken, after which 
two of the prosecuting witnesses were called to give tes- 
timony in rebuttal. They testified as follows: 

Lewis Wentz: — Reside at Franklin. Knew Van Dev- 
ander by sight. I saw him at twenty minutes past five 
o'clock on the afternoon of July 18th. He was oiling his 
engine. There was somebody in the cab. Do not know 
who it was. I saw nothing wrong with Van Devander. 
Saw him frequently but never saw him intoxicated. 

E. Boswell: — Live at Franklin. Knew Van Devander 
two years and a half. Saw him often. Saw him on the 
afternoon of July 18th as he was on his way to his engine. 
He was sober. His character was peaceable, so far as I 
know. Saw Rhodehouse in the engine on his seat. Saw 



y ihk WILD 1RA1N AND DYING ENGINEER. 

Van Devander there also. Do not know what they were 
talking about. The train pulled out about a minute after 
I noticed them. 

Cross-examined:— They had been to the junction a 
mile below and had come back. I saw Van Devander 
every time he came to Franklin and each time he was 
all right. 

Court then adjourned and the following morning be- 
gan the fourth day of the trial, and the examination of the 
witnesses for defense was resumed. 

David Bashore:— Am city marshal of Germantown. I 
knew Van Devander by sight. He was a drinking man 
and was considered dangerous and quarrelsome. I con- 
sidered him a powerful man and he bore that reputation. 

Frank Long: — Live at Germantown. Knew Van Dev- 
ander three or four years. I never saw him quarrel but 
he was considered quarrelsome. Have seen him under 
the influence of liquor but not often. I never saw him 
quarrel with anybody. 

Mrs. H. Wilson: — Live by the railroad at Castine. I 
knew Van Devander three years prior to his death. Did 
his washing for him. He was a dangerous and quarrel- 
some man. I was at home on the 18th of last July when 
his train passed my house, and as it passed 1 heard Van 
say to Rhodehouse, "I will fix you." 

Cross-examined: — I cannot hear well when I have a 
cold; have a cold now. Did not tell anybody about the 
fuss. The lawyers came to me about it and I told the 
what the engineer said. The train was not standing st 



■in 



THE TRIAL. 7 I 

when I heard the words, "I will fix you." The fireman 
was ringing the bell at the time. The train stops more 
than twice the distance across this court room from my 
house. It is not a quarter of a mile. 

Mrs. E. DeCamp: — Live in Castine about ten feet from 
the Mackinaw track. Knew Van Devander and Rhode- 
house. As the train was slowing up for the depot I heard 
Van say, "I will fix you before we get to Van Wert." He 
was considered a dangerous man and little children would 
run from him when his train would come into town. 

Cross-examined: — I did no washing for Van Devander. 
I lived in the second house from Mrs. Wilson. Lived in 
Castine thirteen years. I don't know how many inhab- 
itants the town has. Have no idea how many. Did not 
see children run from Van but heard so. Heard the re- 
mark as the train passed my house. Don't know whether 
the train made any noise or not. 

Mrs. Shoemaker: — Live at Castine. Knew Van Dev- 
ander by sight. Live about 35 feet from where engine 
stops. Was at home on July 18th. Heard Van Devan- 
der say, "If you don't attend to your own business I will 
see that you do." I was within 18 feet of the engine. 
Van had the reputation of being a quarrelsome man. 

Lizzie DeCamp: — Live in Van Wert now but lived at 
Castine last July. I was at the depot on the evening of 
the 1 8th when the train came in. I heard Van say, "I 
will knock you in the head and throw you into the fur- 
nace." Rhodehouse said, "Will you never let up?" Was 
close to the engine when the remark was made. 



72 THE WILD TRAIN AND DYING ENGINEER. 

Wm, Moss: — I was formerly employed on the Mack 
inaw road. Knew Van Devander. When drinking he was 
sometimes quarrelsome. His reputation was bad and he 
drank considerably. He was a very strong man. He 
was not quarrelsome when sober. 

At ten o'clock Rhodehouse was put on the stand to tell 
his own story. The public was anxious to hear the de- 
fendant's testimony, consequently when he was put on 
the stand the seating capacity of the large court room was 
jammed and every foot of standing room occupied, and 
hundreds on the outside pushing and crowding and mak- 
ing a vigorous effort to get in. The defendant told his 
story to the jury as follows: 

"I am the defendant in this case. My parents reside 
at Greenville. I have been living in Van Wert during 
the past two years. I have been employed on the Mack- 
inaw six years, half of which time I was fireman. Fired 
for Van Devander from last March to the time of the 
trouble, except about one week. Van Devander had hard 
feelings toward me for a couple weeks before the trouble. 
He thought I had reported him to the company lor drink 
ihg, but I had not and told him so. Van said he would 
kill the man who reported him. He could handle me 
like a boy. He was considered the strongest man on the 
Mackinaw. I was afraid of him. He wanted to fight when 
under the influence of liquor. On the iMli oi [uly, at 
Franklin, I reached the engine before lie did. When he 
came he said: "I have found the man who reported me 
and you are the man." I told him 1 had not ami would 



THE TRIAL. 73 

prove it when we got to Van Wert. I do not know how 
long this was after his threat at Van Wert to kill the man 
who reported him. Carlisle is the first station north of 
Franklin. He quarreled with me along the road but I 
told him to wait until we got to Van Wert and 1 would 
prove to him that I had not reported him. Van had a 
bottle of whisky and drank from it. He wanted me to 
drink, and said it would be the last drink I would take. 
I did not drink, for whisky makes me sick. At Carlisle 
Van said he would knock me in the head and throw me 
into the fire-box. I asked him if he would never let up. 
At Tecumseh Van said: 'You will never get to Van Wert 
alive.' We reached Greenville at 7:15. We stopped at 
the D. & U. crossing this side of Greenville and Van told 
me to get a jug of water. I told. him I had gotten a jug 
of water. He said: 'You mind me or I will kill you and 
throw you into the fire-box.' I got the water and brought 
it to the engine. The last regular stop south of Van 
Wert is Ohio City. As we were pulling out of Ohio City 
Van looked at the clock. I remember we were on time. 
He then said: 'You will never get to Van Wert alive un- 
less you are a better man than I am.' I said nothing, be- 
cause I was afraid of him. Before we got to Stump's 
crossing, which is a flag station, I got the soft hammer 
and pretended I was fixing the shovel handle. When I 
returned the hammer to the box I let the handle stick out 
so I could get it if he attacked me. I was afraid of him. 
We passed around the curve and were on the straight 
track north of Stump's when he said: 'I guess I will do 



74 'i'HE WILD TRAIN AND DYING ENGINEER. 

it now.' He struck me with his left hand, knocking me 
down and dazing me. I got up and he tried to get up at 
me. I grabbed the hammer and he tried to strike me, 
but I hit him with the hammer several times. I then 
laid down on the floor of the cab. I was afraid of his 
friends— afraid they would lynch me. I laid the hammer 
back after I laid down. I was not up from the time I 
laid down until after they took me from the engine at the 
yards. I do not remember striking Van after crossing 
the Pennsylvania track. I would have told all about it 
at once but was afraid of being lynched. I told the storv 
of a man getting on the engine and hitting us because I 
was afraid if I told the truth Van's friends would lynch 
me. That was the way I felt about it until I made my 
confession. I made the same statement to Shumaker 
that I made to Riley and Stevens. Riley and Stevens 
told me about the coroner's inquest. They said the evi- 
dence was against me and urged me to tell all. Welsh 
said Mat was getting well and that Mat said I hit him. 
Detective Harley was with Welsh. Mat did not say, *0 
Sam!' after I hit him several times, and I do not remem- 
ber of telling anyone so. I never made any threats tli.it 
I would kill him, but said if he would attack me I would 
defend myself." 

Rhodehouse was then put through a rigid cross-exam- 
ination, which was conducted by attormv Price. Every 
question that had any weight was brought up. The de 
fendant bore the searching examination remarkably well, 
answering all the questions without hesitation and firmly 



THE TRIAL. 75 

maintaining his former declaration, that he had acted in 
self-defense. The prosecution passed carefully over the 
events preceding the murder on the i8th. There was no 
perceptible change in the prisoner's testimony from that 
given on direct examination concerning the incidents of 
the trip from Franklin to Van Wert. He denied all 
statements, made by other witnesses, that did not con- 
form to the testimony that he gave on direct examination. 
He was well guarded in his answers and many questions 
put to him received for answers, "I don't know," or "I 
don't remember." He said his reason for feigning un- 
consciousness was that he was afraid of being lynched. 
He was on the witness stand about two hours and at no 
time did he become noticeably confused. The cross-ex- 
amination was an unusually severe one but his memory 
was good and he stood the test with remarkable ease. 
The story told on direct examination was kept constantly 
in his mind. 

Some of the witnesses were re-examined as fallows: 
W. R. Campbell: — My engine was standing on the 
sidetrack in the yards when train 4 came in on the night 
of July 1 8th. There was a cab light in engine 25 when 
it passed me. I looked into the cab and called to Van 
to hold. I saw nobody in the cab. It was no more than 
a minute after the collision until I reached the engine and 
it was less than a minute from the time the engine passed 
me until it struck the switch engine. I saw the engine 
as it came into the yards and watched it until it struck. 
Ed Whitt: — Sam's blouse and overalls were in room 2 



76 THE WILD TRAIN AND DYING ENGINEER. 

of the Van Wert House. The clothes were taken away 
on Tuesday after Sam was taken away on Monday. The 
sheriff took charge of them. The style of engine 25 en- 
abled the engineer to get out of the seat very easily. The 
engineer could easily strike a man standing on the floor 
of the cab without getting out of his seat 

Joe Whitt: — I was in charge of the hotel at the time of 
the trouble. Nobody, unless it was my brother, knew 
where the blouse and overalls were while at the hotel. 

The evidence for the defense was now closed and the 
prosecution introduced the following testimony: 

A. H. Watts: — I am master mechanic of the Mackinaw. 
Knew Van Devander five months. I was foreman of the 
shops here and Van was under me. As far as I know he 
was a very peaceable man and attended to his business. 
I saw him go out and come in on his run. I had power 
to change engineers only through the master mechanic. 

Cross-examined: — Van was under my charge only when 
he was in the shops. Heard several times that he drank. 
Engineer Riley, I think, reported to me that Van Devan- 
der was drunk at Manitou Beach, about two weeks be 
fore Van was killed. 

Joe Stewart: — I reside at Harrison, Ind., but am here 
temporarily as conductor on the Mackinaw. I knew Van 
and ran with him frequently. As far as 1 know he was 
a peaceable man. 

It was now nearly nine o'clock in the evening ami court 
adjourned until the next morning. 

The largest crowd of people that ever assembled in the 



THE TRIAL. 77 

Van Wert court house was present on Friday, the fifth 
day of the trial. Not only was the court room crowded 
but the entire building from basement to tower seemed 
well filled. Many of those in the court room did not 
leave their seats during the noon recess and had their 
dinners brought to them, so anxious were they to be with- 
in good hearing distance. They did this in order to re- 
tain their seats. The massive crowd was not there mere- 
ly through curiosity. They wanted the facts in the case 
and were there to catch every word that was of interest. 
The sheriff had no difficulty however in maintaining per- 
fect order. It was a quiet, orderly crowd, but the news- 
paper men and attorneys had no special rights reserved 
that were not grossly infringed upon by spectators over- 
anxious to locate themselves around the counsel and pris- 
oner. There was always somebody waiting who was 
bold enough to grab a chair within the bar when an op- 
portunity was offered. If an attorney or newspaper re- 
porter left his chair a moment there was no positive as- 
surance that he would regain possession of it the same 
day. This condition of affairs led Judge Day to humor- 
ously remark that he had ordered the sheriff to keep a 
close watch on his bench and see that no one took it. 
The witness chair was the only one that was avoided by 
the intruders. 

The friends of Rhodehouse who came up from Green- 
ville were numerous and enthusiastic. They were out- 
spoken in their declaration that Sam would be acquitted 
and that he would accompany them home. They did 



78 THE WILD TRAIN AND DYING ENGINEER. 

much toward creating sentiment in his favor. The)' were 
among the best people of Dark county and commanded 
respect. The women of Van Wert and Greenville, and 
other places, thronged the court room each day of the long 
and tedious trial and the sympathy of the most of them 
was with the prisoner. Attorney Sweet, for the defense, 
was their idol and it seemed they inspired him with new- 
power each day, and to him Rhodehouse owes a debt of 
gratitude that he never will feel able to pay. Sympathy 
for the defendant was intensified by his good mother who 
occupied a seat at his side during the trial. 

Immediately after court opened Friday morning the 
argument was commenced. The evidence in the case 
was thoroughly recited and the argument throughout was 
of deep interest. It lasted all day Friday and was not 
closed until an hour after court opened Saturday morn- 
ing, during all of which time the vast audience was held 
as if spell-bound. All the attorneys in the case labored 
earnestly and industriously. Their zealous effort was 
worthy of the highest comment. The ability and fair- 
ness with which prosecutor Todd conducted the case 
elicited commendation from the judge and much praise 
from both sides. He was ably assisted by Mr. Price. 
The burden of the defense was borne by Mr. Sweet, who 
worked on the case day and night with more than his 
usual degree of energy. He seemed to sincerely believe 
that Rhodehouse was innocent and brought to bear upon 
the case all the power of his great legal Learning. Never 
in the history of northwestern Ohio was an abler defense 



THE COURTS CHARGE TO THE JURY. 79 

made. He was highly complimented by hundreds of 
people who closely watched him during the trial. Attorney 
Price in his closing argument boldly declared that in all 
his legal career he had never witnessed a case more ably 
handled than was the defense by Mr. Sweet. His plea 
was earnest and impassioned and drew sympathy to the 
prisoner. It was indisputably the best, ablest and most 
powerful and effective plea ever made before the Van 
Wert bar. Its effect on the jury was plainly discernible. 
It was delivered with a converting power and made 
friends out of foes. It caused many to consider the mat- 
ter in a light in which they had never considered it be- 
fore. Judge Calderwood, who assisted Mr. Sweet, also 
delivered a very able address to the jury, but he displayed 
no ability out of the ordinary. 

judge Day then proceeded in his learned and eloquent 
manner to instruct the jury. Every ear was open and the 
eyes of a host of people were set upon him. His charge 
to the jury was carefully prepared and covered every feat- 
ure in the case. The law pertaining to the crime was 
frequently cited and plainly construed. Following is an 
extract of the most important sections of the charge: 

Gentlemen of the jury: — You are now called upon to 
decide by your verdict an issue of grave importance, not 
only to the defendant, but to the public; because it in- 
volves the liberty of a citizen. You have, with commenda- 
ble patience and attention, and I trust, in the true spirit 
which should actuate jurors in the trial of so grave and 
important a matter, listened to the presentation of the 



80 THE WILD TRAIN AND DYING ENGINEER. 

evidence and argument of counsel for and against the ac- 
cused and it only remains now for the court to instruct 
you as to the law of the case, and the rules by which you 
will deal and apply the facts in making up your verdict. 

The charge made against the defendant, Samuel Rhode- 
house, is that of murder in the second degree; and is by 
indictment of the grand jury of your county duly found 
and returned. The indictment charges, "That the de- 
fendant, Samuel Rhodehouse, on the 18th day of July, A. 
D., 1890, in the county of Van Wert and state Ohio, did 
unlawfully, purposely and maliciously kill and murder 
Madison M. Van Devander contrary to the statute in such 
cases made and provided and against the peace and dig- 
nity of the state of Ohio." 

The statute upon which the prosecution is based and 
under which this indictment is found provides as follows: 

1 st. Whoever purposely and maliciously kills another 
^ £ * is guilty of murder in the second degree. 

2d. Whoever unlawfully kills another J % 

is guilty of manslaughter. 

There is but one count in this indictment and that 
charges the defendent with the crime of murder in the 
second degree. The still lesser grade of homicide, as 
manslaughter, is in law considered as embraced and in- 
cluded in the charge of murder in the second degree, on 
the theory and principal that the lesser is always included 
in the greater without being separately described; and 
accordingly, if the facts justify it, the prisoner, under the 
indictment, may with propriety be found guilty ot either 



THE COURTS CHARGE TO THE JURY. 01 

murder in the second degree, manslaughter, assault and 
battery, or even of a simple assault. 

To constitute the crime of murder in the second de- 
gree: First, the act must be done purposely and malici- 
ously. Second, with intent to kill. Third, without de- 
liberation and premeditation. Malice and intent to kill 
are essential ingredients to murder in the second degree, 
but when the act is unlawfully done the law implies mal- 
ice. 

To constitute the crime of manslaughter it must ap- 
pear: First, that the killing was unlawful. Second, that 
the act was done without malice, either upon a sudden 
quarrel or unintentionally while the slayer was in the 
commission of some unlawful act. Third, while malice 
is not a necessary ingredient of manslaughter, yet a ma- 
licious killing, if done unintentionally, would be man- 
slaughter. 

Assault is a wrongful offer, by force and violence, by 
one person to do a corporal hurt to another person, coup- 
led with a present ability to carry the offered violence 
into effect; and if the offered violence is carried into ef- 
fect by a striking or forceful touching of the person of 
the assaulted party, that would constitute the crime of 
assault and battery. 

To the charge made in the indictment the defendant 
has entered a plea of "not guilty," and this constitutes 
the issue: Is the defendant, Samuel Rhodehouse, guilty 
or not guilty? That is the serious and important ques- 
tion for the consideration and determination of this jury. 



82 IHK WILD TRAIN AND DYING KNGINFER. 

You will first determine from the proofs whether the 
man, Madison M. Van Devander, is dead, and was he 
dead at the time this indictment was filed. If so, then 
did he come to his death at the hands of the defendant 
as charged in the indictment, in the county of Van Wert 
and state of Ohio? As already stated, under this indict- 
ment you may find the defendant guilty of murder in the 
second degree, or manslaughter, or assault and battery 
if the proofs should justify it. It is, therefore, important 
that you should fully understand precisely what is nec- 
essary to constitute each of the crimes named. If you 
find that Madison M. Van Devander came to his death at 
the hands of the defendant, you will consider further — 
Was the act, the killing, done purposely and maliciously? 
The proofs must satisfy the mind that the defendant, 
when he produced the death of the deceased, purposed 
or intended to kill, and that he done the deed with mal- 
ice but without premeditation or deliberation. 

You will look to all the evidence and determine whether 
or not the act was maliciously done. If, upon considera- 
tion, you find that the defendant did purposely and ma- 
liciously, but without premeditation or deliberation, kill 
Madison M. Van Devander as charged in the indictment 
and if you find all this from the evidence in the ease, be- 
yond a reasonable doubt, that would constitute murder 
in the second degree, and it would be your duty to so 
find and return by your verdict. 

If you should find from the evidence that the defend- 
ant formed in Ins mind the intention to deliver the blow. 



THE COURT'S CHARGE TO THE JURY. 83 

or blows, which resulted in death, but without any inten- 
tion to cause death thereby and that the same was done 
either upon a sudden quarrel or unintentionally, while the 
slayer was in the commission of some unlawful act, then 
the crime would be manslaughter. 

The proofs in the case introduced and relied upon by 
the state are made up, in some part, of admissions or 
declarations of the defendant and of evidence known as 
circumstantial, which the prosecution claims clearly incul- 
pates the defendant and points to him as the guilty part) 7 . 
Confessions alone, it is my duty to say to you, are not suf- 
ficient to prove the body of the crime in cases of homi- 
cide. They must be corroborated by other facts and cir- 
cumstances to have that effect. 

In considering the declarations of the prisoner, as de- 
tailed by witnesses, you should sift the evidence carefully 
and criticall} 7 . Examine the circumstances under which 
they were uttered and heard and detailed. Declarations 
made by the prisoner when agitated and excited by pas- 
sion, or physical or mental suffering, or when very much 
depressed and despondent, should be received and 
weighed with caution and be given only such weight as, 
under the circumstances, they may be entitled to. They 
are often thoughtlessly made, imperfectly heard, inaccu- 
rately remembered and carelessly detailed in evidence. 
There is danger that the witness may substitute his own 
words for those of the prisoner and convey to the jury 
ideas never within the contemplation of the prisoner. 
Under such circumstances declarations of the defendant 



84 THE WILD TRAIN AND DYING ENGINEER. 

in evidence are entitled to very little, if any, weight. It 
is only where declarations are deliberately made, accu- 
rately remembered and correctly repeated that they are 
entitled to full weight and consideration at the hands of 
the jury. You will examine this branch of the evidence 
then with caution. You will determine whether, when 
the different declarations were made, the prisoner was 
agitated and excited or whether they were coolly and de- 
liberately made, were they voluntary, the number of times 
they were made, whether correctly remembered and re- 
peated, as well as the circumstances under which they 
were made; and you will give the evidence such weight 
as in your judgment it is entitled to under all the cir- 
cumstances. 

You are to carefully consider all the testimony in the 
case under the rules I have given you, and from such 
consideration you are to form your conclusions as to the 
guilt or innocence of the defendant. If, after such care- 
ful and candid comparison and consideration of all tin 4 
evidence in the case, you are of opinion that a case of 
murder in the second degree, or manslaughter, or assault 
has been made out against the defendant you will then 
proceed further and ascertain whether the defendant wis 
justified in doing that which is shown by tin- evidence to 
have been done. 

It is suggested and claimed on behalf ot the defendant 
that if the evidence has shown him guilty ot the charge 
of killing the deceased, Madison M. Van Devander, he 
was justified in the act of killing, as having been i\onr in 



THE COURT'S CHARGE TO THE JURY. 85 

self-defense. It is suggested by counsel for defendant 
that by reason of the menacing and apparently danger- 
ous character of the conditions, facts and circumstances 
attending and surrounding the transaction the defendant 
was in imminent danger of death or great bodily harm 
from the deceased, and that what the defendant did at 
the time was in defense of defendant's person from such 
threatened imminent danger of death or bodily harm. 

The right of self-defense in its most comprehensive 
sense is fully recognized and conceded in this state. This 
law as defined by the court is most just and liberal. Every 
person has a right under the law to protect his life, his 
person and his property from assault and injury, and for 
that purpose has a right to oppose force; nor is he now 
required, as was formerly held to be the law, to retreat to 
the wall, as it was called, before making use of the nec- 
essary force to repel the threatened violence. He may 
stand up like a true man and defend himself, and in a 
proper case may take the life of his assailant. 

As to the existance and imminence of the danger and 
the necessity of taking the life of the deceased the de- 
fendant, under the law, was himself required and per- 
mitted to judge. Nobody else could judge for him and 
the law did not require him to judge infallibly; nor as 
you, in the same circumstances, might have judged. The 
law only required him to judge honestly and reasonably. 
And in such case the law 7 does not with nicety and sever- 
ity judge of his judgment nor require you to judge of it. 
While a person who is assailed has a right to meet force 



86 THE WILD TRAIN AND DYING ENGINEER. 

with force he will be required to reasonably proportion 
the force employed in resistance, to the nature and char- 
acter of the assault made upon him, yet in this regard the 
law will not measure by nice distinctions. If the defend- 
ant, in the supposed imminent dangerous situation em- 
ployed more force than was strictly necessary or resorted 
to means that may not have been strictly necessary he is 
not responsible for so doing, unless such force or such 
means was greatly disproportionate to the requirements, 
or apparent requirements, of the occasion, or was such as 
to show wantonness or revenge, or a malicious purpose 
to injure the deceased. In such case he would be liable 
for the excess. 

Apply these rules and principles, gentlemen of the jury, 
to the case at bar and if you^find and are satisfied from 
the evidence before you that the defendant in the careful 
and proper use of his faculties, in good faith, believed 
and had reasonable ground to believe that he was in im- 
minent danger of death or great bodily harm from the de- 
ceased by reason of the assault made on him and that he 
could not free himself from such danger, but by taking 
the life of his assailant, he would be justified in so doing 
and it would be your duty to acquit him. 

In determining this question of self-defense it is your 
duty to take into consideration all the surroundings, sit 
uation and physical capacity of the parties and ascertain 
what, if any, circmstances there are in the case to sup- 
port the claim suggested lor the defendant. Was the de- 
ceased of a violent, vicious and dangerous character, and 



THE COURT'S CHARGE TO THE JURY. 87 

was the defendant inimical to him? Had the deceased 
threatened the life of the defendant, and was he in such 
attitude towards the defendant at the time of the killing 
as to reasonably arouse an apprehension of imminent 
danger of death or great bodily harm? Was the deceased 
in the act of assaulting the defendant at the time of the 
killing? The circumstances in evidence before you will 
aid you in determining this question, and you will give 
them careful consideration, as well as all other matters 
and facts properly in the case, which in your judgment 
may have a legitimate bearing on the issues and may aid 
you in their solution. 

It is incumbent upon the defendant to make out this 
defense to your satisfaction by a preponderance of the ev- 
idence. A preponderance of evidence does not mean a 
greater number of witnesses, but has reference to the 
quality of the proofs and means that which best satisfies 
and outweighs, in your minds, the opposing proofs. 

If, under these rules, the defendant has made out his 
defense of self-defense you will accordingly so find and 
report in your verdict. 

Then, gentlemen, you will take the case with all the 
facts and circumstances that have been given in evidence 
and apply to it the rules of law I have given you. Give 
it such fair, careful and candid consideration as its mag- 
nitude and importance deserve. The case has been care- 
fully and ably tried by the counsel for the state and on 
behalf of- the defendant. I have as fully and carefully as 
I can given you the law governing it and now it remains 



88 THE Will) TRAIN AND DYING ENGINEER. 

for you, without prejudice, passion or ieeling for or 
against the defendant, to determine it. You pronounce 
upon the simple question of guilt or innocence as dis- 
closed in the evidence. With the consequences of your 
verdict you have nothing to do. You will consider the 
case without reference to that, and in the light of the ev- 
idence alone. If, after full, fair, careful and candid con- 
sideration of all the testimony, you find that the statu has 
failed to make out its case, or if you find that the defend- 
ant was justified in the act as being in self-defense, under 
the rules given you, you will acquit the defendant. It. 
however, you find the state has made out its case and 
that the defendant was not justified, your verdict will he 
that of guilty; and, if you so find, you will state in your 
verdict whether you find him guilty of murder in the sec- 
ond degree, of manslaughter, or of assault and battery. 

James H. Day. 
It was nine o'clock Saturday morning when Judge Day 
concluded his charge to the jury and immediately there- 
after the jury retired to their room to decide upon a ver 
diet. All day an anxious crowd haunted the court house 
corridors and stood about the court room hoping a ver 
diet would be returned, but the day passed and no ver- 
dict came. The people then retired to their homes to 
comment on the probable result. Saturday night passed 
and not a word had come from the jury room, except that 
one of the jurors had taken suddenly ill and a physician 
was called. His illness was of brief duration however 
and the work of determining a verdict was resumed. The 



THE VERDICT. OO, 

next day was Sunday but the jury remained locked in 
their room to consider the degree of punishment to be 
meted out to the prisoner. During all this time public 
interest did not abate to any noticeable extent. All day 
a large crowd remained in the court room hoping to be 
present when a verdict was reached, which was hourly 
expected. 

It was quietly rumored that the jury, upon first ballot, 
stood six for manslaughter and six for acquittal, and then 
it became a stubborn contest as to which side would hold 
out the longest. Meantime the public was anxiously 
looking, watching and waiting for the final verdict in the 
great trial. At last the spell was broken by a wrap at 
the jury room door. It was 10:30 o'clock Sunday night 
when the jury filed into the court room and J. G. Rup- 
right, as foreman, handed in the verdict that found 
Rhodehouse guilty of assault and battery. 

The verdict was quite unsatisfactory all around. It 
pleased nobody; in fact, was very much unexpected. It 
was belived that a verdict would be reached either for 
manslaughter or acquittal. One of the two was the only 
decision that could have been justly rendered. It was 
generally conceded that the prisoner was guilty of man- 
slaughter. "The prisoner openly confessed that he killed 
Van Devander and he either did it wilfully or in self-de- 
fense. The attorneys for the defendant made their fight 
on the ground of self-defense and it was considered a 
legal impossibility, on such grounds, to find a verdict of 
assault and battery. The verdict as returned by the jury 



go 



THE WILD TRAIN AND DYING ENGINEER. 



was the result of a long contest and a final compromise. 
It was the source of much unfavorable comment and crit- 
icism from all classes. 

Rhodehouse was not sentenced until several days after 
the verdict was rendered. During the time intervening 
there was no limit to the discussion of the sentence that 
the court would give him. Many were inclined to think 
that Judge Day would give the prisoner a nominal fine 
and allow him to go without a work-house sentence. They 
held to the opinion that the verdict practically acquitted 
the defendant and the court would so consider it and let 
him off with a nominal fine. There were others who be- 
lieved and argued that the court did not concur in the 
verdict of the jury and that he would make the sentence 
the heaviest prescribed by law for assault and battery 
cases. 

When Rhodehouse was finally brought into court to re- 
ceive his sentence the court room was packed with the 
usual anxious crowd. The prisoner was accompanied by 
his father and displayed the same caste of countenance 
that he maintained during the long and exciting trial. 
Judge Day inquired of him whether he had anything to 
say why sentence should not be pronounced, to which he 
replied that he had not except that he wished to thank 
the court, the jury and counsel for favors shown him. 
The court told him that he had just reasons t<> be thank- 
ful to the jury for the verdict rendered, considering the 
gravity of the charge. He was certainly very fortunate in 
having his trial in a county where public sentiment was 



THE SENTENCE. gi 

in his favor. The court stated that he did not concur in 
the verdict returned by the jury, and could not under- 
stand how the jury could conscientiously arrive at such 
a conclusion after considering the law and evidence in 
the case. He thought the verdict was not at all in ac- 
cordance with the proofs offered. In the candid judg- 
ment of the court the defendant was guilty of manslaugh- 
ter. A morbid public sentiment had been created by the 
sentimentalists and exerted in favor of the prisoner. Of 
course, the verdict was clothed with law and dignity and 
on this ground alone was entitled to respect. The court 
sentenced Rhodehouse to pay a fine of $200 and be im- 
prisoned in the work-house at Toledo for a period of sixty 
days, and that he stand committed until the fine and costs 
of prosecution were paid or secured. 

The friends of Rhodehouse considered the sentence an 
unnecessarily severe one, but it was very satisfactory to 
those who were in variance with the verdict and believed 
him guilty of manslaughter. The costs of prosecution 
aggregated $1,893, an ^ unless the costs could be secured 
he would be required to work out the amount at the rate 
of sixty cents a day. It would require eight years to 
work out the costs at this rate. Thus it will be seen why 
the friends of Rhodehouse considered the sentence an un- 
mercifully severe one. The fact is, it was a severe one 
considering the verdict returned by the jury, but it sank 
into insignificance when compared with the enormity of 
the crime. But he remained in the work-house only long 
enough to serve his sentence of sixty days. He was 



92 THE u'lLl) TRAIN AND DYING ENG1NJ IK. 

then released by order of the commissioners of Van Wert 
count)'. 

The costs of prosecuting the case had to be paid by 
the county and to keep him at the work-house would cost 
the county forty cents a day for his board. This would 
amount to $2.80 a week or $134.40 a year. To serve full 
time the county would be put to an additional expense of 
nearly $1,100. As there was a law empowering the com- 
missioners to make such arrangements in cases of this 
kind as they considered best, they deemed it advisable 
to accept such amount of the costs as could be raised by 
Rhodehouse and release him at the expiration of the 
sixty-day sentence. Accordingly he and his friends at 
Van Wert and Greenville raised something over S500, 
which was paid over to the county commissioners and in 
just sixty days after receiving his sentence he walked out 
of the work-house a free man. 

The deed was done and the penalty paid. He no 
doubt enjoyed his liberty after being in close confinement 
nearly ten months. He had always borne a good repu- 
tation and there was nothing in his countenance or p 
sonal appearance suggestive of viciousness. The char- 
acter of his people was above reproach. He was raised 
right and undoubtedly his desire was to do right, hut in 
a violent fit of uncontrollable anger he pounced upon a 
fellow-man and slew him in the most fiendish and ap 
palling manner possible. In doing so it must be remem- 
bered that the circumstances were such as would tend to 
lessen the degree of the crime. Ju>t at that time- he was 



PUBLIC OPINION. 93 

greatly agitated and it is possible that he considered it 
necessary to commit the deed in self-defense, but circum- 
stances indicate that the engineer was on his seat look- 
ing forward on the track when the first blow was dealt. 
Whether this is true or untrue is not a question for dis- 
cussion here. His claim of acting in self-defense was 
generously respected by all liberal-minded people. Van 
Devander's last run was also the last run for Rhodehouse. 
He has quit railroading and now holds a responsible and 
lucrative position in the Greenville fire department. 

Public opinion in Van Wert was considerably divided. 
Some people held that Rhodehouse was justified in com- 
mitting the act, that it was a case of self-defense. Others 
said it was manslaughter; and there were others who 
held that it was a plain case of first degree murder. Those 
holding to the latter opinion were few however. Of the 
four newspapers then published in Van Wert three of 
them, namely, the Daily Bulletin, the Daily News and the 
Times, helped to mold public sentiment against Rhode- 
house and were very much displeased with the verdict of 
the jury but were highly satisfied with the court's sen- 
tence, as were the people generally. They denounced 
the verdict in the broadest terms. They wanted a ver- 
dict for manslaughter and could have been satisfied with 
nothing less. 

The other newspaper, the Republican, took up the side 
of the defense and strenuously advocated the innocence 
of Rhodehouse: It firmly maintained this stand from be- 
ginning to end, and did much toward creating a morbid 



qa |HK WILD TRAIN AND DYING ENGINEER. 

sentiment in favor of the accused. 

Thus closes the history of one of the darkest crimes 
and most memorable cases that ever took place in this 
section of the country. It is a blot in the great history 
of northwestern Ohio that can never be erased. 

This little book would be incomplete should it close 
here without making any reference to the sad death that 
quickly followed that of the brave engineer. In a lew- 
days after the burial of Van Devander a great change 
came over the one who had stood by him and strolled 
with him hand in hand through life for more than a quar- 
ter of a century. She had shared in his joys and sorrows, 
rejoiced when he was glad and wept when he was sad 
She comforted him in his days of adversity and lightened 
his burden with her soothing words and smiling counte- 
nance. Never were the domestic duties of worn m more 
nobly and faithfully performed. Hut after his death sor- 
row weighed heavily upon her and an alarming change 
was noticed in her appearance. It was more than her 
constitution could endure. She grew weaker day by day, 
and in three months after the death of her husband her 
soul went forth to meet its Maker. The best medical 
skill could do nothing for her. She gradually wasted 
away and died of grief superinduced by the shocking 
death of her husband. ''Died ol a broken heart." tells 
the whole story. Sad. sad and pitiful the picture and 
true the words. She was lain to rest in Woodland cem 
etery beside the remains of him whom she loved and 
adored in life. Hers, during the last few years of life was 



SAD DEATH OF MRS. VAN DEVANDER. 95 

a bitter lot and little can you wonder at her strange death. 

In j 884 one of her sons, whom she dearly loved, was 
cowardly murdered at Huntington, Ind. He was assas- 
sinated in cold blood by the son of a minister. The mur- 
der was committed on the street in the presence of the 
young man's father, victim of the Mackinaw cab tragedy, 
but so suddenly and unexpectedly was it done that no re- 
sistance could be offered. Only a few words had passed 
between the two when the murderer whipped out a knife 
and plunged, it into young Van Devander's neck, cutting 
his throat from ear to ear. Death resulted almost imme- 
diately. So unexpected was it that even the victim did 
not realize the fiendish intent of the murderer when the 
deadly blade was drawn. The father lifted up his dying 
son and held him while the life blood ebbed away. The 
assassin was captured, tried and convicted and sentenced 
to seventeen }^ears in prison, but after serving a few years 
was paroled. 

The assassanation of their beloved son was a terrible 
blow to Mr. and Mrs. Van Devander. They shared in 
each other's sorrow and bore their grief bravely. This 
dread calamity was followed by another. A couple years 
later another son met with a railroad accident which 
cut off one leg and left him a cripple for life. Then came 
the tragdic death of the father and husband. Now won- 
der you why Mrs. Van Devander died of a broken heart? 
Poor woman ! Grief killed her. She left behind many- 
good deeds to be copied by those who knew her. She 
lived a noble christian life and died a triumphant death. 



96 1 H I : WILD TRAIN AND DYING ENGINEER. 

Heaven is now her home. 

The murdered engineer was a kind father and dutiful 
husband. He loved his family and home and was happy 
when with them. He never allowed his family to want for 
anything that was within his power to procure. As soon 
as he would draw his monthly salary as railroad engineer 
he would take the money home and give it to his wife to 
be expended as she thought best and proper. This was 
his custom for many years and he never violated it. His 
work was always satisfactory to his employers and com- 
manded a high salary. 

But with all these good and noble characteristics. Van 
Devander, like all mankind, had his faults. He was in- 
clined to be rough in some ways. He naturally had a 
short way of expressing himself, and frequently strangers 
would think him angry when at the same time he was in 
the best of humor. He was peaceable, kind and oblig- 
ing until his real anger was arous'ed and then he wanted 
no foolishness or unnecessary talk from anybody, but he 
was not the quarrelsome man that he lias been pictured. 
When his angry passions had control of him he was to 
be feared by his enemies. But when once in his friend- 
ship and confidence you had as true a friend as ever kept 
a secret. Such a man was Madison M. Van Devander, 
the martyred hero of the Mackinaw. 



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